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Trademark scams are on the rise, threatening businesses with costly setbacks and legal risks. Hosts Michael Snyder and Joseph Gushue are joined Jason Lott, Managing Attorney for Trademark Customer Outreach at the US Patent and Trademark Office (USPTO), to expose the deceptive tactics scammers use and provide practical tips to safeguard your intellectual property. From misleading solicitations and fake invoices to fraudulent renewal notices, this episode unpacks scams at every stage of the trademark process—before filing, during application prosecution, and post-registration. Jason shares real-world examples, red flags to watch for, and actionable steps to protect your trademarks. With expert insights and USPTO resources at your disposal, you'll learn how to defend your brand against bad actors, navigate the trademark process confidently, and avoid falling victim to costly scams. For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. USPTO Resources to Protect Yourself and Your Business from Trademark Scams: Trademark Application Process: learn the steps involved and the timeline required for attaining trademark protections to avoid being duped. USPTO Recognizing Common Scams: explore the most common scamming tactics and what to be vigilant for throughout the process. USPTO - Misleading Solicitations: USPTO's updated list of known fraudulent solicitations. USPTO fee schedule: understand the fees associated with the legitimate trademark process. USPTO Trademark Assistance Center (TAC): get support for trademark-related queries and verification. USPTO - Trademark Protection: webinars and guides on recognizing and reporting scams. USPTO Subscription Center: subscribe to stay updated, on news, and resources from the USPTO. Key Moments & Quick Links: (1:06) Introduction to Trademark Scams and Hoaxes & Guest Introduction (4:17) Movies About Scams and Deception (9:30) Trademark Scams Overview: Before, During, and After Registration (10:25) Pre- Trademark Application Scams USPTO.gov (14:26) Sophistication of Scams (19:03) Unauthorized Practice of Law Trademark Application Process (23:47) Trademark Scams During Trademark Application Prosecution USPTO Official Payment Platform (31:18) Post-Registration Trademark Scams USPTO - Misleading Solicitations (36:05) USPTO Resources for Recognizing and Avoiding IP Scams FCC on Spoofed Phone Calls USPTO fee schedule USPTO Trademark Assistance Center (TAC) USPTO - Trademark Protection (38:14) Final Thoughts
https://vimeo.com/983707444 https://www.currentfederaltaxdevelopments.com/podcasts This week we look at: FinCEN updates the FAQs for BOI reporting, adding information about entities that cease to exist New Jersey Committee on Unauthorized Practice of Law releases letter outlining when CPAs and EAs may prepare and/or file BOI reports for clients without the assistance of an attorney Another PLR issued for missed ESBT elections for trusts that qualified to make such elections An audio only version of this week's broadcast can be streamed or downloaded below:
This week we look at: FinCEN updates the FAQs for BOI reporting, adding information about entities that cease to exist New Jersey Committee on Unauthorized Practice of Law releases letter outlining when CPAs and EAs may prepare and/or file BOI reports for clients without the assistance of an attorney Another PLR issued for missed ESBT elections for trusts that qualified to make such elections
Modernization is pushing us toward change, and one area of contention has been Model Rule of Professional Conduct 5.5 and related Unauthorized Practice of Law issues, particularly as they relate to multi-jurisdictional legal practice. Emma Raimi-Zlatic talks with Charity Anastasio and Micah Buchdahl about their session dedicated to the changing landscape of rule 5.5 and how things are shifting as the legal profession sees a greater need for multi-jurisdictional, national, and even global legal practice. Charity Anastasio is a Practice and Ethics Counsel for the American Immigration Lawyers Association's Practice and Professionalism Center in Washington D.C. Micah U. Buchdahl is an attorney and President of HTMLawyers, a law marketing company based in Moorestown, New Jersey.
Modernization is pushing us toward change, and one area of contention has been Model Rule of Professional Conduct 5.5 and related Unauthorized Practice of Law issues, particularly as they relate to multi-jurisdictional legal practice. Emma Raimi-Zlatic talks with Charity Anastasio and Micah Buchdahl about their session dedicated to the changing landscape of rule 5.5 and how things are shifting as the legal profession sees a greater need for multi-jurisdictional, national, and even global legal practice. Charity Anastasio is a Practice and Ethics Counsel for the American Immigration Lawyers Association's Practice and Professionalism Center in Washington D.C. Micah U. Buchdahl is an attorney and President of HTMLawyers, a law marketing company based in Moorestown, New Jersey.
There are people who confuse being entrepreneurial with being parasitic. Where an opportunity arises and there is significant demand and desperation, there are people who will, and have, taken advantage of those who wish to obtain such an opportunity.Take for example this year's H-1B lottery debacle, wherein more than 408,000 H-1B registrations were filed for the same 96,000 beneficiaries, leading USCIS to conclude that “several dozen small technology companies” colluded to submit multiple registrations to increase their odds of selection in the H-1B lottery. USCIS has been actively engaged in investigating these companies and beneficiaries.We are now seeing this with the sudden increase of O-1, NIW and EB-1A consultants offering immigration coaching and mentoring services on LinkedIn, specifically focusing on how to “build a profile” to be eligible for an O-1, NIW or EB-1A. What are their qualifications? Simply one circumstance: being the beneficiary of their own O-1, NIW or EB-1A petition, which in most instances was prepared and filed by a qualified and experienced immigration attorney. These individuals are taking advantage of the concern and desperation being experienced by individuals who were not selected in the H-1B lottery, and/or otherwise subject to the extensive delays in the availability of immigrant visa numbers because of the per-country restrictions.Why do I take issue with this? Listen to the podcast and find out!
DEAR PAO: Unauthorized practice of real estate service | November 8, 2023Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe Visit our website at https://www.manilatimes.net Follow us:Facebook - https://tmt.ph/facebookInstagram - https://tmt.ph/instagramTwitter - https://tmt.ph/twitterDailyMotion - https://tmt.ph/dailymotion Subscribe to our Digital Edition - https://tmt.ph/digital Check out our Podcasts:Spotify - https://tmt.ph/spotifyApple Podcasts - https://tmt.ph/applepodcastsAmazon Music - https://tmt.ph/amazonmusicDeezer: https://tmt.ph/deezerStitcher: https://tmt.ph/stitcherTune In: https://tmt.ph/tunein #TheManilaTimes Hosted on Acast. See acast.com/privacy for more information.
The rapid proliferation of online legal help has both the legislative and judicial branches of government grappling with how to define and regulate the practice of law. The Senate Law and Justice Committee recently held a work session focused on the "unauthorized practice of law." We interview State Senators Manka Dhingra and Mike Padden, plus State Supreme Court Chief Justice Steven Gonzalez.
Clapper App, Lemon 8, Tik Tok Ban Fiasco, Congress, Business, Legal Sandboxes, Unauthorized Practice of Law (UPL), Access to Justice, Civil Rights, Congress.... https://links.divorcingadults.com/ ⚠️ DISCLAIMER: Information included in ALL social media posts, podcasts posts and descriptions are for informational, entertainment and/or educational purposes only. This does NOT establish a clinical or professional relationship of any kind with anyone. Please consult with a primary care provider and/or licensed behavioral health clinician in your area for personalized assistance with your unique situation. This podcast is NOT intended as professional or legal advice. Be sure to seek the services of a professional if you are in need of them. If you leave a message for the podcast, this too may become public for EVERYONE to hear your comment(s) and/or question(s). Thank you.
Time Schedule: 60 minutes Summary of Topics Covered:Introduction of Instructor Mark GiffordWhat are common ethical mistakes lawyers make that they do not realize they are making? What does cooperation with bar counsel during the complaint process look like? What is the diversion program? What is the best part of the job of bar counsel? What is the procedural process and the burden of proof on bar counsel in the disciplinary hearing process? The “Wyoming System” allowing bar counsel to handle ethics hotline callsInstructor Mark W. Gifford, Esq. Bio:Mark W. Gifford is Bar Counsel for the Wyoming State Bar. He is a Wyoming native who received his Bachelor's in accounting from the University of Wyoming in 1978 and his law degree from Stanford University in 1981. After 30 years of practice as a trial lawyer and mediator, Mark took the position of Bar Counsel on a part-time basis in 2011 and became full-time in October 2013. In addition to attorney discipline, Gifford's responsibilities include Unauthorized Practice of Law, Fee Dispute Resolution and Client Protection Fund.He also serves as general counsel to the Wyoming State Bar. Gifford was instrumental in getting Wyoming's Lawyer Assistance Program launched in 2014. He is a member of the ABA Standing Committee on Professional Regulation. He has been recognized as an AV Preeminent-rated lawyer by Martindale-Hubbell Peer Review Ratings, a distinction based upon peer reviews by members of the Bar and the Judiciary.WyoLawPod is a podcast that is fully accredited for CLE credit by the Wyoming State Bar. This episode features Mark Gifford. Bar Counsel for the Wyoming State Bar.
Are you struggling with debt? Do you have collectors breathing down your neck, threatening to repossess your property and filing lawsuits against you in court? For many Americans facing this dilemma, their options are fairly limited.
Are you struggling with debt? Do you have collectors breathing down your neck, threatening to repossess your property and filing lawsuits against you in court? For many Americans facing this dilemma, their options are fairly limited.
Are you struggling with debt? Do you have collectors breathing down your neck, threatening to repossess your property and filing lawsuits against you in court? For many Americans facing this dilemma, their options are fairly limited.
In today's episode, Matthew and Staci discuss the As-Is offer. Does it really mean you are buying a property as is? Or can a buyer ask for credits or repairs? In this market, agents are accepting back up offers. Is lining up a back up offer a good idea as a seller? Second-place is not always first loser for buyers. Lately, a back up offer might be a great solution. Also, can you alter your contract or do you need an attorney to do that? Find all that out and more on today's episode!
Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law Rules 7.1, 7.2, and 7.3: advertising and solicitation Non-lawyer ownership of law firms
Working with or employing unauthorized persons , supervisory responsibilities and license to provide legal services suspended or restricted
Mary Beth Robinson, Senior Vice President—Loss Prevention and Law Firm Management Services at ALAS, interviewed by Terri Garland, Vice President—Senior Loss Prevention Counsel, ALAS.View TranscriptView Oregon decisionView DC Op 24-20View FL Proposed Op 2019-4View UT Op 19-03
*The views and opinions expressed in this interview are those of the guest and do not necessarily reflect the official policy or position of the Small Business Resource Association or its host. Larry W. Miller, Jr. is a partner with the Miller Law Group, PLLC in Reading, Pennsylvania. He received his Bachelors of Science from Greensboro College in North Carolina and his Juris Doctorate from the Villanova University School of Law. Larry is the author of the book Success and is also a Professor of Law, having taught at the Lancaster County Association of Realtors as well as other institutions. He is currently a member of the Pennsylvania and Berks County Bar Associations and has served on the Rotary Club, Small Business Association, and the Berks Elder Network. In addition, while serving on the Unauthorized Practice of Law Committee in 2002, Larry personally investigated many Living Trust scams and other illegal practices of law and reported his findings back to the committee. Larry’s investigations resulted in the prosecutions of several entities by the Attorney General and the elimination of several more illegal practices by others. Larry has written for various magazines and newspapers, including Morgantown’s Tri-County Record and Today’s Reading Woman Magazine, and speaks at many organizations on subjects ranging from motivation to intellectual property law. He has been awarded the American Bankruptcy Institute, “Medal of Excellence” as well as the “Business Person of the Month” by the ABWA. He has been featured on many local television and radio programs, including the Channel 69 News (Berks Edition), a frequent guest on Comcast Tonight, WEEU 830 AMRadio’s Feedback Live, the talk show Berks County Tonight, and his career has been featured in the Reading Eagle’s Sunday Lifestyle Section. Larry’s areas of practice include Estate Planning, Business Law, Real Estate Law, Contracts, Trademarks, and others. He has been very active within the community, raising money for charitable institutions, delivering for Meals on Wheels, and offering Pro Bono services to those in need. He has been a spokesperson for the Meals on Wheels program, having appeared in television, radio and billboard ads to promote volunteerism. He is married to his wife of ten years, Brandy, and they have two children.
Givonna Long, Senior Loss Prevention Counsel, ALAS, interviewed by Terri Garland, Vice President and Senior Counsel—Loss Prevention, ALAS. View TranscriptView Minnesota decision
Larry W. Miller, Jr. is a partner with the Miller Law Group, PLLC in Reading, Pennsylvania. He received his Bachelors of Science from Greensboro College in North Carolina and his Juris Doctorate from the Villanova University School of Law. Larry is the author of the book Success and is also a Professor of Law, having taught at the Lancaster County Association of Realtors as well as other institutions. He is currently a member of the Pennsylvania and Berks County Bar Associations and has served on the Rotary Club, Small Business Association, and the Berks Elder Network. In addition, while serving on the Unauthorized Practice of Law Committee in 2002, Larry personally investigated many Living Trust scams and other illegal practices of law and reported his findings back to the committee. Larry’s investigations resulted in the prosecutions of several entities by the Attorney General and the elimination of several more illegal practices by others. Larry has written for various magazines and newspapers, including Morgantown’s Tri-County Record and Today’s Reading Woman Magazine, and speaks at many organizations on subjects ranging from motivation to intellectual property law. He has been awarded the American Bankruptcy Institute, “Medal of Excellence” as well as the “Business Person of the Month” by the ABWA. He has been featured on many local television and radio programs, including the Channel 69 News (Berks Edition), a frequent guest on Comcast Tonight, WEEU 830 AMRadio’s Feedback Live, the talk show Berks County Tonight, and his career has been featured in the Reading Eagle’s Sunday Lifestyle Section. Larry’s areas of practice include Estate Planning, Business Law, Real Estate Law, Contracts, Trademarks, and others. He has been very active within the community, raising money for charitable institutions, delivering for Meals on Wheels, and offering Pro Bono services to those in need. He has been a spokesperson for the Meals on Wheels program, having appeared in television, radio and billboard ads to promote volunteerism. He is married to his wife of ten years, Brandy, and they have two children.
Experts discuss the legislative efforts supported by the National Association of Public Insurance Adjusters (NAPIA) regarding the Unauthorized Practice of Public Adjusting (UPPA), issues surrounding Assignment of Benefits post-disaster, and more. "The National Association of Public Insurance Adjusters (NAPIA) was established in 1951 to promote a higher standard for policyholder advocacy. Public insurance adjusters are licensed to serve the general public and deliver knowledgeable and experienced representation when filing a claim for property damage. The founding members of NAPIA envisioned an association that would provide the appropriate resources for policyholder advocates in pursuit of successful claims resolution.1" 1. https://www.napia.com/about ↩ Key Takeaways: [1:07] What are the biggest legislative challenges in the U.S. today? The Unauthorized Practice of Public Adjusting (UPPA) Assignment of Benefits Restrictions on public adjusters' rights to practice [3:43] How are these challenges helping or hurting both consumers and insurance professionals? Many State insurance departments don't have regulatory authority over non-licensed individuals Home and business owners are getting scammed post-disaster by those who are not licensed to adjust their claim [9:58] What are the major legislative priorities right now? Opening the Model Bill up to add in UPPA language [12:03] Recent examples of recent major Case Settlements/Briefs. [17:25] Future legislative efforts of Public Adjusters Achieve licensing in all 50 States Five States do not license: Alabama, Arkansas, Alaska, Wisconsin, and South Dakota [19:31] How can listeners help achieve future legislative goals in support of policyholders, consumers, and other insurance professionals? Insurance is regulated at the State level Contact your State Representatives Panelists: ● Brian Goodman — Principal at Kramon & Graham, PA ● Greg Raab — Vice President & Chief Marketing Officer at Adjusters International and Tidal Basin Moderators: ● Rachele Drinkwine — Operations Coordinator at Adjusters International and Tidal Basin Mentioned in This Episode: Adjusters International National Association of Public Insurance Adjusters (NAPIA) National Association of Insurance Commissioners (NAIC)
In this episode, Bill Gameros tells TYLA how to spot and address the unauthorized practice of law (UPL). He'll also tell us how the system to address UPL is structured, and how attorneys can get involved in protecting the legal profession. This podcast was created by Texas Young Lawyers Association, and no part of it may be reproduced without the written consent of TYLA. The opinions expressed do not necessarily reflect the opinions of the TYLA or the State Bar of Texas. The information in this podcast is provided as a resource of general information and is not intended to replace legal advice. We recommend our listeners conduct their own research and exercise their own judgment. If you are not a lawyer and need legal assistance related to any of the topics discussed in this podcast, you should consult an attorney. The Young Gunners Podcast features music by Otis McDonald and his song “Rest.”
In this episode, we will be exploring the murky waters of the unlicensed practice of law and the minefield it presents to the unwary. Our featured guest, Scott A. Kozlov, is a lawyer who investigates other lawyers (and those pretending to be lawyers) to promote and protect the integrity of the legal profession. You will hear how, in 2011, Scott assisted in writing a Supreme Court rule that effectively gave the Illinois Attorney Registration & Disciplinary Commission (ARDC) the power to safeguard against the unlicensed practice of law. Scott also discusses how, as Senior Counsel and the Director of Unauthorized Practice of Law Litigation for the ARDC, he examines, investigates, and when necessary prosecutes the misconduct of attorneys and attorney imposters. A graduate of Valparaiso University School of Law and Eastern Illinois University, Scott’s career has taken him from being an investigator with the Illinois Department of Children and Family Services, to a court coordinator with the Circuit Court of Cook County, to an associate with general practice law firm in Arlington Heights, to an Assistant Public Guardian in Cook County, and finally to the ARDC. Scott is also an Adjunct Professor at Loyola University Chicago School of Law and teaches professional responsibility. Scott has also served and continues to serve the legal community and the public by volunteering his time and knowledge with several legal organizations. In 2004, he chaired the Chicago Bar Association’s Government Service Committee. Since 2007, he has been the Chair of its Unauthorized Practice and Multidisciplinary Practice Committee. Since 2009, Scott has been appointed to the Illinois State Bar Association’s Task Force on the Unauthorized Practice of Law. In 2015 and in 2017, he was the Chair of the American Bar Association’s Unauthorized Practice of Law School, which trains attorneys on various aspects of investigating and prosecuting unauthorized practice of law. He also currently serves on the American Bar Association’s Standing Committee on Client Protection and is the Chair of the Northwest Suburban Bar Association’s Ethics Committee. In addition to his involvement in the legal community, Scott was a nationally ranked competitive figure skater, and he still finds the time and energy to be a professional skating instructor, which he has done for over two decades for several suburban park districts.
The Get Automated Podcast Episode 19 is here. Download and listen to this week's episode as your host Kelsey Bratcher and his guest Allen Rodriguez freely engage in the Unauthorized Practice of Automation (Lawyers will get the joke). That's right, we have another podcast with someone from the legal industry. However, this week things are a little different. Allen Rodriguez is not a lawyer, his is someone who has helped lawyer's with the business side of having practice for about twenty years. Allen has also been experimenting with automation for about that long as well. Let's put it this way his introduction into automation involved a fax machine and 28.8K modem. Before he founded his company ONE400 he worked at LeagalZoom. Allen has taken may of his enterprise level experiences and distilled them down for use with small businesses. Here are a few topics that get explored this week. If you are a lawyer and you are not using automation then you are missing on a great way to hang on to a greater number of leads. If you are a small business owner and you are not using slack you are missing out on a very powerful FREE tool that can change the dynamic of how your staff communicates with each other and interacts with leads. All that and more, but you have to listen to find out. So Click The Link Already.
Today, we will be discussing the legislative efforts of the National Association of Public Insurance Adjusters (NAPIA). Founded in 1951, NAPIA advocates for public adjuster education and a higher standard of professional conduct and ethics. NAPIA members are committed to working in the best interest of their clients and to conducting business with integrity. For more than 66 years NAPIA members throughout the U.S. have joined together for the purpose of education, certification, marketing opportunities, legal and legislative representation, scholarship and research and the promotion of the public adjusting profession. Key Takeaways: [1:54] How involved is NAPIA in the insurance legislation landscape? [6:44] The roles of Brian Goodman and Randy Goodman within NAPIA. [8:05] What are the biggest legislative challenges NAPIA and its members are facing? [13:05] Who punishes those who violate Unauthorized Practice of Public Adjusting (UPPA) laws? [18:37] How do these challenges affect consumers and insurance professionals? [19:42] What are NAPIA’s current legislative priorities? [22:26] How does NAPIA view hourly or set fees and what are they doing to address the situation in Louisiana? [24:50] In the five states with no licensing, are public adjusters permitted to work? [26:38] In the past 12-years, what are NAPIA's biggest legislative wins and how do those wins benefit policyholders and public adjusters? [27:41] What are some of NAPIA's legislative disappointments? [29:00] What is on the horizon for property and casualty insurance legislation? [30:59] How can people assist NAPIA’s in achieving its legislative goals? [32:28] NAPIA protects the consuming public. Panelists: Brian Goodman, Principal at Kramon & Graham PA Randy Goodman, Executive Vice President & Principal at Goodman-Gable-Gould/Adjusters International C. Todd Thomas, Executive Director at Adjusters International and Member of the Society of Risk Management Consultants Moderator: Marjorie Musick, Social Media Specialist at Adjusters International/Basloe, Levin & Cuccaro, and Jansen/Adjusters International Mentioned in This Episode: Adjusters International National Association of Public Insurance Adjusters (NAPIA)
An episode exploring the concept of UPL.
Our panel of three experts in legal and judicial ethics will discuss several recent cases and regulatory developments in the field, with an eye towards translating these developments into practical wisdom about their likely impact on law practice in 2017 and beyond.The following topics will be discussed: Unauthorized Practice of Law and Its Growing Implications for LawyeringWe will examine some of the recent developments in UPL and its application to the delivery of legal services. New business structures and services are beginning to test the old legal concepts. And, as some recent cases illustrate, the ABA’s modification of Model Rule 5.5 may now be outdated.Recent Developments in Attorneys’ FeesAs practice continues to evolve, the ABA, the state bars, and some courts have provided more guidance on lawyer issues relating to attorneys’ fees. In some cases, lawyers are using creative language to protect their rights and in other cases, client protection remains an important interest.A Sampling of Ethical Pitfalls in the Electronic AgeMany seminars and much advertising tout the virtues of establishing or enhancing a lawyer or a firm's online presence and technical tools. Increasing business, facilitating lawyer-client communications, and better managing litigation are only a few of the benefits that can result. But there is a dark side to the adoption of Electronic Age technology as well. Chief among the dangers is the unauthorized disclosure of client confidences, through inadvertence or third party mischief, but that hardly exhausts the dangers. Recent cases and ethics opinions reveal an array of other difficulties that can arise.AdvertisingAs an increasing number of American lawyers handle more matters that touch on more than one state, the rules governing lawyer advertising in various formats have become less and less uniform across state lines. Every state has rules that are based on Part 7 of the Model Rules of Professional Conduct, but almost every state made detailed and widely varying amendments before local adoption. The ABA has begun formal consideration of a proposal developed by the Association of Professional Responsibility Lawyers (APRL) that would greatly simplify the Model Rules provisions, while eliminating most regulations that speak to matters of taste rather misrepresentation or other harms to clients.Featuring:Prof. W. William Hodes, Professor Emeritus of Law, Indiana University & President, The William Hodes Law FirmProf. John S. Dzienkowski, Professor of Law & Dean John F. Sutton, Jr. Chair in Lawyering and the Legal Process, Texas Law
Our panel of three experts in legal and judicial ethics will discuss several recent cases and regulatory developments in the field, with an eye towards translating these developments into practical wisdom about their likely impact on law practice in 2017 and beyond.The following topics will be discussed: Unauthorized Practice of Law and Its Growing Implications for LawyeringWe will examine some of the recent developments in UPL and its application to the delivery of legal services. New business structures and services are beginning to test the old legal concepts. And, as some recent cases illustrate, the ABA’s modification of Model Rule 5.5 may now be outdated.Recent Developments in Attorneys’ FeesAs practice continues to evolve, the ABA, the state bars, and some courts have provided more guidance on lawyer issues relating to attorneys’ fees. In some cases, lawyers are using creative language to protect their rights and in other cases, client protection remains an important interest.A Sampling of Ethical Pitfalls in the Electronic AgeMany seminars and much advertising tout the virtues of establishing or enhancing a lawyer or a firm's online presence and technical tools. Increasing business, facilitating lawyer-client communications, and better managing litigation are only a few of the benefits that can result. But there is a dark side to the adoption of Electronic Age technology as well. Chief among the dangers is the unauthorized disclosure of client confidences, through inadvertence or third party mischief, but that hardly exhausts the dangers. Recent cases and ethics opinions reveal an array of other difficulties that can arise.AdvertisingAs an increasing number of American lawyers handle more matters that touch on more than one state, the rules governing lawyer advertising in various formats have become less and less uniform across state lines. Every state has rules that are based on Part 7 of the Model Rules of Professional Conduct, but almost every state made detailed and widely varying amendments before local adoption. The ABA has begun formal consideration of a proposal developed by the Association of Professional Responsibility Lawyers (APRL) that would greatly simplify the Model Rules provisions, while eliminating most regulations that speak to matters of taste rather misrepresentation or other harms to clients.Featuring:Prof. W. William Hodes, Professor Emeritus of Law, Indiana University & President, The William Hodes Law FirmProf. John S. Dzienkowski, Professor of Law & Dean John F. Sutton, Jr. Chair in Lawyering and the Legal Process, Texas Law
To quote Robert Baker's published piece on the Unauthorized Practice of Public Adjusting (UPPA), "The unlicensed practice of public adjusting is a vehicle of consumer fraud that preys on some of the most vulnerable elements of our society. The disaster-stricken, the elderly, the unsophisticated and those for whom English is a second language. Individuals losses range from a couple of thousand to tens of thousands of dollars. And frequently, victims are left without a remedy, because UPPA offenders just disappear or are not worth suing." Our experts discuss this timely issue - what it is, who is affected, and what can be done to stop it - in this episode. [01:52] What is the unauthorized practice of public adjusting and how and when did it start? [05:46] How did the practice of UPPA develop and get worse over time? [10:00] Do insurance agents ever assist in claims and does it cause confusion? [13:19] How prevalent is the problem and are some states worse than others? [15:25] In terms of dollars, what does this practice cost policyholders and/or the insurance industry? [22:18] What has been done to counteract this practice and who is doing it? [25:42] How are the insurance industry and public adjusters united in addressing this issue? [27:35] Have insurance companies taken a position on this topic? [32:08] Once claims have been settled, do homeowners have any recourse? [34:14] Real world examples of unlawful public adjusting activity. [38:28] Recommended resources for home and building owners who may experience the illegal activity. [40:00] What is being done to educate consumers about this issue? [42:04] Additional thoughts from the panel. Panelists: Art Jansen, Chief Executive Officer – Jansen/Adjusters International Jim Beneke, President – The Beneke Company/Adjusters International Brian Goodman, Principal – Kramon & Graham PA Steve Badger, Attorney/Senior Partner – Zelle LLP Todd Thomas, Executive Director of Consulting Services and member of the Society of Risk Management Consultants – Adjusters International Moderator: Brianna Moyer, Digital Marketing Manager – Adjusters International Mentioned in This Episode: Adjusters International Adjusting Today National Association of Insurance Commissioners (NAIC) National Association of Public Insurance Adjusters (NAPIA) Consumer Protection Agency
Rene Thomas Folse, JD, Ph.D.is the host for this edition which reports on the following news stories. Supreme Court to Hear Adjuster Overtime Pay Class Action. Conviction for Fraud and Unauthorized Practice of Law Upheld. Ex-Daly City Councilwoman Gets 6 Months in Jail. Sacramento Business Owner Pleads No Contest in Fraud Case. Window Cleaning Company Owner Arrested in Million Dollar Fraud Scheme. California Asks Bell to Investigate Police Disability Pensions. WCIRB Withdraws "Informational Filing" From CDI. WC Educational Events Scheduled for June.