In comparing and contrasting Kentucky and Indiana, which state has the tougher rules and regulations on lawyer advertising? (Research Paper Sample)

Research Project #13
MEMORANDUM
TO: [name of professor]
FROM: [name of student]
RE: PLS 262 BASIC LEGAL ETHICS
DATE: [date submitted]
QUESTION(S) PRESENTED
In comparing and contrasting Kentucky and Indiana, which state has the tougher rules and regulations on lawyer advertising?
SHORT ANSWER(S)
In comparing and contrasting Kentucky and Indiana, Kentucky has slightly tougher rules and regulations on lawyer advertising than Indiana.
FACTS/INFORMATION
The rules and regulations that govern lawyer conduct on advertising in Kentucky are contained in the Kentucky Supreme Court Rules of Professional Conduct (SCR 3.130). SCR 3.130(7) is the chapter that is dedicated to ethical standards on advertising rules. On the other hand, the rules and regulations on lawyer advertising in Indiana are contained in Indiana Rules of Court, Rules of Professional Conduct section 7.1 to 7.5. There are both similarities and differences in the wording of the rules and regulations on attorney advertising in both states. The similarities and differences will be discussed in detail to determine which state has tougher rules and regulations on lawyer advertising than the other.
DISCUSSION
In Kentucky, the term advertise implies “to furnish any information or communication containing a lawyer's name or other identifying information, and an “advertisement" is any information containing a lawyer's name or other identifying information” [Ky. R. Sup. Ct. SCR 3.130(7.01)” Rule SCR 3.130(7.01) - Definitions, Ky. R. Sup. Ct. 3.130(7.01)]. However, there are some exception to this definition, which include a lawyer’s professional identity card, an announcement by a public service that states that the attorney or law firm will be the main sponsor of the event, but no additional information can be disclosed except the name, address, and telephone number, and signs that are placed on or near the law firm and the complex directory that identifies the law office. Similarly, the Indiana Rules of Professional Conduct defines advertising as “any manner of public communication partly or entirely intended or expected to promote the purchase or use of the professional services of a lawyer, law firm, or any employee of either involving the practice of law or law-related services” [Ind. R. Prof'l. Cond. 7.2” Rule 7.2 - Advertising, Ind. R. Prof'l. Cond. 7.2]. From the definition, any information that contains a lawyer’s name or any other identifying information apart from the above-listed exceptions is construed as advertisement in Kentucky. This makes it difficult for lawyers to publicly display their information without risking being penalized by the Commission on Advertising. In addition, it makes it almost impossible for an attorney practicing in Kentucky to make their services known to prospective clients without risking violating the rules. On the contrary, in Indiana, lawyers have the liberty to display their names publicly, provided such information is not intended to persuade the general public to purchase or procure legal services from the lawyer or the law firm. A careful examination of the wording of advertising reveals that the rules in Indiana are almost similar to those in Kentucky since the disclaimer is that any public display of information with the full or partial intention or expectation to increase sales of the legal services of the lawyer or the law firm. The motivation behind any public display of identifying information is to create a conscious or unconscious awareness of the existence of the lawyer or the law firm in the minds of consumers. The underlying concept is to make them remember the lawyer or the law firm in the event a need arises where they require legal representation or advisory. The result is to attract more business to the lawyer or the law company, which will boost its sales revenue and increase market share. However, lawyers in Indiana can display their names and other identifying information publicly and argue in court that the intention was never to promote purchase of their services but that they were creating public awareness if any individual wished to approach them for any personal or public interest matter. A keen look at the definition of the word “advertise” by both states clearly shows that Kentucky has stricter rules on lawyer advertising than Indiana.