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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

NPFL: Rangers Hold Leaders Wikki

first_imgLeague leading scorer Godwin Obaje as well as Alhassan Ibrahim aka ‘Muazam’ both had chances to win the game for the home team, but Rangers Ghanaian goalkeeper Nana Bonsu was in inspired form.Obaje’s goal-bound shot in stoppage time came off the post to the huge relief of Rangers.The biggest upset of the day was struggling Plateau United’s 1-0 win at Abia Warriors.Ibeh Johnson scored the winning goal for the Jos club on 82 minutes.In other league matches, IfeanyiUbah were also held to a scoreless draw by a resurgent Sunshine Stars in Nnewi while Lobi Stars scraped past Heartland 1-0.In Port Harcourt, after holding off strongly in the first half, El Kanemi Warriors succumbed to the supremacy of Enyimba of Aba to concede two quick goals in the second half with no reply in their NPFL Match-day 25 clash at the Adokiye Amiesimaka Stadium.Man-of-the-Match Nzube Anaezemba flew into Joseph Osadiaye’s free kick and delivered a low header to put Enyimba up in the 53rd minute and Bassey Ezekiel sealed victory for the Aba boys with a drive from the box line in the 69th minute, just three minutes after he came off the bench to substitute Andrew Abalogu.El Kanemi had unsettled Enyimba in the early minutes of the game with a long throw into the box for a cluster of waiting lanky strikers but goalkeeper Moses Ocheye rise promptly to duty, lifting higher to save the situation.Chinedu Ohanachom rubbed it in for the Maiduguri warriors as he drove in from the flank, dusting a couple of Enyimba’s defenders but he was stopped in the box by captain Chinedu Udoji.Enyimba recovered quickly afterwards and began to push back on the visitors as Ojo Oluwadare attempted a long range shot which flew over but El Kanemi replied with Isiaka Olawale stepping into a loose chance which he executed feebly off target. He tried yet another trick in the 22nd minute when he sighted Moses Ocheye off his line and quickly delivered a lob that sailed slightly over the bar.Enyimba came closest to scoring in the first half when Stephen Chinedu dribbled in but fluffed a one-on-one chance with George Michael, in goal for El Kanemi.Down by two goals in the second half, Coach Ladan Bosso threw everything in the last quarter but all the chances for El Kanemi produced no consolation as Isiaka Olawale’s 84th minute powerful strike was parried for corner by Ocheye.Most biting was Bambai Mohammed’s golden miss in the 87th minute when he arrived earlier to receive a counter and Ocheye come out late in the bid to stop him but Bambai lobbed over the cross bar even with Ocheye clearly out of his box with no defender behind him.The result was especially important for Enyimba to get on track for the league title chase and hopefully book another berth for the continentals next season.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram Wikki Tourists of Bauchi remained on top of the Nigerian Professional Football League (NPFL) yesterday after visiting Enugu Rangers snatched a point from their goalless draw in the north eastern city.The NPFL leaders remain two points clear of closest rivals Rangers on 42 points, but would have been a lot happier had they won in front of their fans to extend their lead at the top to five points.last_img read more

Futsal: MNK ”Centar” – MNK ”Brotnjo” 6:5

first_imgIn a match of the 13th round of Futsal League of FBiH futsal club from Sarajevo ”Centar” defeated futsal club ”Brotnjo” from Čitluk, and in doing so it secured itself a title.One round before the end of Championship, Centar and Brotnjo fought for the champion of BIH, while in the next round, teams will play matches for securing their position in the First Futsal League.Other results of 13th round: MNK Kaskada – MNK Karaka 8:2; MNK Banovići – MNK Mostar 7:5.First ranked team is MNK Centar with 27 points, followed by MNK Brotnjo with 22 and MNK Comunicare with 17 points, the last on the list is MNK Karaka.last_img read more