PER CURIAM.
We find that Respondent engaged in attorney misconduct by making false or misleading communications regarding legal services and by failing to include an office address in a public communication. For this misconduct, we conclude that Respondent should receive a private reprimand.
This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's "Verified Complaint for Disciplinary Action," and on the post-hearing briefing by the parties. Respondent's admission to this state's bar subjects him to this Court's disciplinary jurisdiction. See IND. CONST. art. 7, § 4.
The American Association of Motorcycle Injury Lawyers, Inc. ("AAMIL") is a for-profit Arizona corporation that offers franchise opportunities involving AAMIL's registered trademarks, including "Law Tigers," and other proprietary marks, slogans, and logos (together "trademarks"). AAMIL's business model involves contracting
On March 15, 2010, Respondent and his firm entered into a license agreement with AAMIL to be an exclusive licensee in Indiana for a term of three years. The Law Tigers' toll-free telephone number service was established by AAMIL and operates under its authority. Under the terms of the license agreement, AAMIL was obligated to ensure that all calls to the Law Tigers toll-free telephone number seeking legal assistance from Respondent's territory were automatically routed directly to Respondent.
In addition, the public could contact Law Tigers through AAMIL's Law Tigers internet website. The website contained a wide variety of information for the motorcycle-riding public, including information about lawyers and firms that AAMIL identified as the Law Tigers source of legal services in the various geographic areas of the United States. The website offered a search function that identified Respondent and his firm as the exclusive Law Tigers source for legal services for his territory.
The Law Tigers website contained examples of previous results obtained by "Law Tigers Motorcycle Accident Lawyers," boasting "Exceptional Results: Settlements and Verdicts." A tab led to "Client Testimonials" from persons who claim to have utilized Law Tigers in seeking advice and/or representation regarding a motorcycle-related legal matter. Such testimonials included: "Law Tigers changed my life in a big way and my family received our fair share of justice." "Law Tigers went above and beyond! The settlement was more than expected!" "The legal services were fast and painless and the best experience I have ever had with lawyers and lawsuits." Although none of the settlements, verdicts, or testimonials related to Respondent, the website did not disclose that they did not relate to Respondent.
Respondent also maintained a separate website for his law firm, which could be accessed through a link from the Law Tigers website. The firm website included a statement that the firm was not permitted to include information about previous results from settlements and verdicts. However, a visitor to the Law Tigers website was not required to access the link to the firm website to be put in contact with Respondent and his firm.
Respondent distributed AAMIL-produced informational materials within his territory, including "promotional backers." The promotional backers contained a toll-free telephone number for the Law Tigers service, the Law Tigers website address, and the names of Respondent and his firm. However, the promotional backers did not contain Respondent's address.
The Commission charged Respondent with violating these Professional Conduct Rules
Rule 7.1: False or misleading communications regarding services. Indiana Professional Conduct Rule 7.1 and its commentary, effective January 1, 2011, provide:
Prior to the January 1, 2011, rule amendments, Indiana Professional Conduct Rule 7.2(d) contained the following similar prohibitions:
The hearing officer concluded that Respondent is responsible for the content of all of the promotional materials associated with the Law Tigers venture, including all of the communications on the Law Tigers website, reasoning:
Hearing Officer's Report at 23-24 (paragraph numbers and citations omitted).
Respondent argues that the hearing officer erred in finding violations because none of the statistical data, testimonials, etc., on the Law Tigers website related to Respondent. Respondent asserts that his own website does not violate any of the rules charged and that he should not be held accountable for all the content on the AAMIL website.
Under the totality of the circumstances of this case, the Court agrees with the hearing officer's conclusions that the average viewer would not differentiate between Respondent and the statements about Law Tigers on the AAMIL website and that Respondent is therefore responsible for objectionable content on the website. The Court concludes that Respondent violated current Rule 7.1 and prior Rule 7.2(d) through his association with the AAMIL website.
Rule 7.2(c): Failing to include an office address in a public communication. Professional Conduct Rule 7.2(c) states: "Any communication subject to this rule shall include the name
Remaining charges. The hearing officer found that the Commission had failed to adequately establish its remaining charges. This Court will defer to the hearing officer's findings on these issues.
Discipline. The Court finds the following facts in mitigation: (1) Respondent has no history of prior discipline in nearly 41 years of practice; (2) he has cooperated fully with the Commission; (3) he exercised due diligence before entering into a contractual relationship with AAMIL in
The hearing officer recommends that Respondent be given no discipline harsher than a private reprimand. The Commission concedes that a private reprimand would be within the range of appropriate discipline in this case. Accordingly, the Court will impose a private reprimand for Respondent's misconduct.
The Court concludes that Respondent violated Indiana Professional Conduct Rules 7.1 and 7.2(c) by making false or misleading communications regarding legal services and by failing to include an office address in a public communication, respectively.
For Respondent's professional misconduct, the Court imposes a private reprimand.
The Court assesses against Respondent one-half of the costs and expenses of this proceeding, including costs incurred by the Commission and payment for the services of the hearing officer. In addition, the Court assesses against Respondent a fee of two hundred fifty dollars ($250) payable to the Clerk. See Admis. Disc. R. 23(16). The hearing officer appointed in this case is discharged.
The Clerk of this Court is directed to give notice of this opinion to the hearing officer, to the parties or their respective attorneys, and to any other entities entitled to notice under Admission and Discipline Rule 23(3)(d). The Clerk is further directed to post this opinion to the Court's website, and Thomson Reuters is directed to publish a copy of this opinion in the bound volumes of this Court's decisions.
All Justices concur.