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Bar to take a harder line toward lawyer ad violations

first_imgThe board also discussed a recent ruling from the 11th U.S. Circuit Court of Appeals that overturned the Bar rejection of a lawyer’s ad, but upheld the underlying rule the Bar was seeking to enforce. The Bar had found the lawyer referring to his Martindale-Hubbell rating, without an explanation of how that rating was awarded, was self-laudatory. Mason v. Florida Bar, case no. 99-2138. (See story in the May 15 Bar News.) Board members disagreed on the impact of the ruling. “I view this case as a shot across the bow,” said board member Ian Comisky. “If we’re not real careful, we’re going to lose the advertising battle and war.” But board member Gary Leppla said he thinks the ruling is limited specifically to the facts of the case, noting, “Right now is not a time to say we have a major problem.” Board member Mike Glazer agreed, but said the board still needs to review ad appeals and other issues carefully. “We need to be focusing on really bad ads and not allow bad ads to make bad law,” he said. Bar to take a harder line toward lawyer ad violations Associate Editor The Bar Board of Governors is looking to take a stronger stance against lawyers who broadcast ads that are later found to be in violation of Bar rules. Following a review of several advertising appeals at its June 2 meeting in Naples, the board approved a motion from board member David Bianchi to initiate grievance cases against lawyers whose ads were found to violate Bar rules. Bianchi accepted an amendment from board member William Kalish that the grievance investigations should be opened against lawyers who repeatedly violate the rules. Bianchi expressed frustration that the ad appeals usually take several months, during which time the ad can be run on television or radio, or appear in print media. Frequently by the time the appeal is decided, the lawyer has completed running the ad, and has another one on the air and is again beginning the appeal process. Bar rules, to avoid constitutional prior restraint problems, require ads be submitted for review no later than concurrently with publication or broadcasting. However, lawyers who want an opinion before running an ad may ask for and get one. Bianchi said without a serious threat of prosecution, the board was wasting its time handling ad appeals. “All of the [television] runs have already been made and they’re already on the next batch of ads,” he said as the board considered several ads from one firm. Another board member noted that many firms run an ad again after a year or two and the board’s actions do prevent recycling of ads with violations. On other matters, the board approved a proposed advertising advisory opinion that says a firm sending a newsletter to prospective clients only has to file the first edition with the Bar, as long as promotional information about the firm does not change in subsequent issues. The board reviewed several ad appeals including two involving proposed TV commercials from a law firm, which has not aired the ads, pending the board’s action. Both issues involved Rule 4-7.5(b) which provides that “visual images appearing in a television advertisement shall be limited to the advertising lawyer in front of a background consisting of a single solid color, a set of law books in an unadorned bookcase or the lawyer’s own office (with no other office personnel shown).” In one ad, a series of shots showed individual partners in their offices. The Standing Committee on Advertising held that violated the rule because more than one lawyer was shown in the ad. The Board Review Committee on Professional Ethics, which reviews ad appeals, agreed by a 5-3 vote. But the board reversed that finding, with members saying the rule does not preclude more than one attorney advertising the availability of his or her services. “This is a very reasonable, a very professional ad,” board member Jack Brandon said. The second issue addressed a brief shot, without a lawyer, of the exterior of the firm’s offices. The board discussed the matter extensively and first rejected a motion that the board should adopt a policy of allowing exterior shots of offices as long as the lawyer appeared in the frame. Board members then approved a motion that the rules do not allow exterior shots of law office buildings. Board members expressed concerns a lawyer could rent a small office in a large, impressive building, and then use that as a backdrop for an ad. The remainder of the ad appeals dealt with more common issues, such as whether certain language created an unjustified expectation, characterized the quality of legal services or was a testimonial. In various actions, the board: Agreed with the two committees that a lawyer who said he was proud of the legal work he had done for the elderly and he believed it had led to better care created an unjustified expectation. Split on two findings by the standing committee and the BRCPE over similar language in two ads where a lawyer said he found it gratifying when clients referred families and friends to his firm. The board disagreed with the findings that the language characterized the quality of legal services. But it agreed with the two committees the language was a prohibited testimonial. July 1, 2000 Gary Blankenship Associate Editor Regular Newscenter_img Agreed with the BRCPE (and overruled the standing committee) that a lawyer saying “I’ve been privileged to meet wonderful men and women and have worked to bring them justice” did not created unjustified expectations. But the board agreed with both committees that another part of the ad, where the lawyer characterized himself as a David battling the Goliaths of HMOs, hospitals and insurance companies was a prohibited characterization of the quality of services. Bar to take a harder line toward lawyer ad violations Agreed with the two committees that a lawyer’s statement in an ad that he guaranteed insurance companies won’t push the law firm around created an unjustified expectation. last_img read more

RCCF awards additional COVID-19 Grants locally

first_imgBatesville, IN—The Ripley County Community Foundation is continuing to award COVID-19 Rapid Response Grants as local businesses and organizations get back on their feet. The recent recipients of this grant are as follows:*The Ripley County Economic Development received $2,500 to provide resources for local businesses.*The Southeastern Indiana YMCA received $2,500 to support the Summer Food For Kids Program, which provides food for children who do not have a consistent source of food during the months away from school.*Safe Passage received $240.00 for operating support.*The Batesville Area Ministerial Association received $691.25 for the betterment of the food pantry and the community members they serve.*The Sunman Food Pantry received $691.25 for the betterment of the food pantry and the community members they serve.*The Ripley County Food Pantry received $691.25 for the betterment of the food pantry and the community members they serve.*The Holton Food Pantry received $691.25 for the betterment of the food pantry and the community members they serve.*The Milan Food Pantry received $691.25 for the betterment of the food pantry and the community members they serve.*Fishes & Loaves Food Pantry received $691.25 for the betterment of the food pantry and the community members they serve.*Feed My Sheep Food Pantry received $691.25 for the betterment of the food pantry and the community members they serve.*The Raider Pantry received $691.25 for the betterment of the food pantry and the community members they serve.RCCF has granted a total of $42,055.50 to local organizations in response to COVID-19 hardships. This grant continues to positively impact Ripley County’s residents through the generous donations of donors. Fund contributors include First Financial Foundation, Global Atlantic, the Todd and Diane Rynn Fund, Duke Energy, Hillrom, Bull Fork Honey, Darlene Gerster, Carl and Katherine Taul, and Bobbie Brandes, who are greatly appreciated by the foundation and the community it serves.To learn how you can also help those affected by COVID-19, contact the Ripley County Community Foundation, 13 E. George Street, Suite B, Batesville, (812) 933-1098, or donate online by clicking here.last_img read more

Men’s basketball: Iverson, bench outscore starters, lead Badgers in 69-51 win over Chicago State

first_imgThe No. 9 University of Wisconsin men’s basketball team took care of business against Chicago State University at home Thursday in an effort that was anything but business as usual.Senior leader Nigel Hayes went 1-8 from the floor and finished with three points behind an 11 point, 5-7 field goal percentage from sophomore Kahlil Iverson.The beginning of the first half started slow, but freshman standout D’Mitrik Trice and the Badgers put up a 17-3 run and take an early 19-11 lead. As far as the score, it wouldn’t only get better for UW going forward as the bench racked up a massive 36 points on the game in the 18 point win.Iverson brought the ship home to port for the Badgers in the second half, recording four dunks down the stretch and creating enough of a buffer to close out the home win. Head coach Greg Gard said in the post game press conference that he was pleased with the improvements from Tuesday’s loss, but stressed the need to cut down on turnovers going forward.While the victory Thursday was needed just to get another win in the win column, the matchup served more as a chance for Wisconsin to prove to itself that it can return to a top 10 level after a disheartening defeat at Creighton University earlier this week. The Badgers will now look to stay on the winning end of things as they travel to the Maui Invitational next week for a matchup with Tennessee University Monday.Men’s basketball: Bench play sparks No. 9 Wisconsin to victory over Chicago StateThe beginnings of Thursday night’s game against Chicago State University and the effort against Creighton Tuesday night were all too Read…Wisconsin offensive player of the game: Kahlil IversonIverson’s performance can’t be more overstated when you talk about the depth of this Wisconsin team. The sophomore guard’s second half impact speak volumes to how far Gard can reach into his bench for points when the rest of the team is tired.Iverson also serves as an enormous spark plug for a team that, despite plenty of experience, has very few exciting players. The athletic youngster scores most of his points in the forms of dunks and those dunks are normally what excites the team most and ends up on the highlight reels. Iverson’s display of offense on Thursday will help the team in more ways than one as they move into a brutal non-conference schedule.Wisconsin defensive player of the game: Charlie Thomas IVIverson’s roommate and best friend, Charlie Thomas, also made a name for himself against Chicago State, recording a team-high seven rebounds and a dominant display on the defensive end. Opposing coaches and players have been blown away from Thomas’ size on the inside this season and his extra confidence this season should provide a huge presence on the blocks.Thomas was pretty limited last season after the coaching switch to Gard early on, but has reamerged in the lineup over the last few games. The center’s 15 minutes of action Thursday was limited, but felt as Chicago State only 10 points in the paint and were very limited around Thomas. With Thomas more aggressive down low, Ethan Happ and Hayes should have more room to work and will know they have a safety blanket on the boards if they put up a bad shot.Chicago State player of the game: Fred Sims JrThere weren’t many bright spots for Chicago State in Madison, but Fred Sims Jr. and his team high 26 points and six threes were enough to give the Cougars something to be proud of. Sims was definitely the team leader out on the floor, controlling possession and scoring more than half his team’s points.Wisconsin now travels to Maui at will face Tennessee Monday at 1:30 p.m. CT and will air on ESPN2.last_img read more

Clonmel’s Dean Gardiner claims National title

first_imgA uninamous decision for the Tipp man saw him claim the National Super Heavyweight title at the National Senior Elite Championsips in the National Stadium in Dublin last night. The Clonmel Boxing Club Member comprehensively beat Popovicu on a scoreline of 30, 29, 30 to Popovicu’s 27, 28, 27. Dean was beaten in last year’s super-heavyweight final and told Tipp FM Sport that he felt this was his year.last_img