Wednesday, April 30, 2014

The "LawTigers" opinion: another take

While some, including My Shingle's Carolyn Elefant, have decried it, Scott Greenfield commends the Indiana Supreme Court for holding an attorney responsible for the exaggerations (or misrepresentations) of a lead-providing service he signed up for.

Greenfield's points are valid and have merit, but his ultimate solution:

Hold lawyers accountable for their signing on to these schemes that promote them through deception and prosecute alt-law businesses that are engaging in the criminal enterprise of the unlawful practice of law. 

seems antiquated, at best.

Given the liberalization of lawyer advertising rules, it is difficult to imagine a retrenchment of rules in the first place.  What would have been seen as puffery years ago is now common-place.  This may not be a good thing, but it is reality.

More so for "alternative law businesses."  Sure, unauthorized practice of law is still technically a crime, but given both the acceptance of alt-law business and the money behind it, does anyone really think it's just going to go away because lawyers want to preserve their traditional monopoly?  It's far more likely unauthorized practice of law statutes will go away than to see a sudden resurgence in enforcement.

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