Tag Archives: Davis Law Group

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Malfeasance: Oregon State Bar Association Drops the Ball

So much for the Oregon State Bar Association looking after the interests of lawyers’ clients.

On Oct. 9, 2023, I filed a complaint with the Association asserting that a number of Oregon lawyers are misrepresenting their credentials, that they are acting in an unethical manner by asserting to past, current and potential clients that their selection as “Lawyers of Distinction” by a Florida-based business is evidence of their legal skills and achievements.

On Feb. 17, 2024, I filed a second, more detailed complaint and followed up with an email asking whether the association intended to respond.

On May 20, 2024, Linn Davis, Assistant General Counsel and CAO Attorney, finally responded at length saying he found no reason to pursue any charges of professional misconduct by Oregon lawyers.

 “You expressed concerns that Oregon lawyers are improperly using membership in “Lawyers of Distinction” to advertise their services,” he wrote in an email. “ “Lawyers of Distinction” appears to be a marketing firm that uses some criteria to determine what lawyers are eligible for promotion. Listings on the “Lawyers of Distinction” site include a statement regarding the criteria for promotion and a link to apply for consideration. I lack any sufficient basis for believing the statements there to be false regarding the organization or the significance of membership. I also lack evidence that any particular lawyer in Oregon has utilized this marketing tool in a misleading manner. I conclude that there is no sufficient basis to warrant a referral of your concerns to Disciplinary Counsel. Because I find no sufficient evidence of professional misconduct, I will take no further action on this matter.”

I beg your pardon!

You can’t find any information that challenges the legitimacy of Lawyers of Distinction? Give me a break.

The Lawyers of Distinction website says “…Members have been selected based upon a review and vetting process by our Selection Committee utilizing U.S. Provisional Patent # 62/743,254. The platform qenerates a numerical score of 1 to 5 for each of the 12 enumerated factors which are meant to recognize the applicant’s achievements and peer recognition. Members are then subject to a final review for ethical violations within the past ten years before confirmation of Membership. Nomination does not guarantee membership and attorneys may not pay a fee to be nominated. Attorneys may nominate their peers whom they feel warrant consideration. The determination of whether an attorney qualifies for Membership is based upon the aforementioned proprietary analysis discussed above.”

Phew! Sounds complex and rigorous. 

Don’t believe it.

 Essentially, it’s just pay-for-play. Apply, pay the annual membership fee and you’re in. It’s like a diploma mill, an outfit that claims to be a higher education institution, but only provides illegitimate academic degrees and diplomas for a fee.

Want evidence?

Some lawyers at the Davis Law Group in Seattle nominated Lucy, the office’s 5-pound teacup poodle, and paid the membership fee. Lucy didn’t go to law school, but she passed her state ‘bark exam, the law firm said, had been recognized by the legal community as a ‘top dog’ and was a member of the King County Bark Association.

Lucy, a Lawyer of Distinction

Lucy, recipient of a Juris Dogtor, was accepted. Lawyers of Distinction sent Lucy a plaque naming her one of the top 10 percent of attorneys in the country and congratulated her on Twitter. Suffice it to say, Lucy was thrilled. 

As for Davis’ assertion that he lacked evidence that any particular lawyer in Oregon has utilized this marketing tool in a misleading manner, is he blind? Does he not know how to search websites?  All he needed to do was check out the Lawyers of Distinction’s website and the websites of Oregon lawyers who are members.

For example:  Casey Baxter, the founder of Baxter Law, LLC in Bend, lists “Lawyers of Distinction Award” under HONORS & AWARDS on his website; Portland DUI lawyer Andy Green and Tammi Caress, the Principal Owner of Caress Law, PC in Portland, feature the Lawyers of Distinction logo on their websites.

The Oregon Rules of Professional Conduct (as amended effective January 1, 2024) for Oregon attorneys is explicit about how attorneys must communicate about themselves:

Rule 7.1 A lawyer shall not make a false or misleading communication about the lawyer or the lawyer’s services. A communication is false or misleading if it contains a material representation of fact or law, or omits a fact necessary to make a statement considered as a whole not materially misleading. 

Rule 8.4 It is professional misconduct for a lawyer to…engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law. 

An Oregon attorney claiming he or she is a exceptional because of membership in “Lawyers of Distinction” is clearly making “a false or misleading communication” and engaging in “professional misconduct” involving “dishonesty” “deceit” and “misrepresentation”.

According to the Florida Division of Corporations, “Lawyers of Distinction Inc.” is a private for-profit company with a principal address of 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839.

Robert B. Baker, at the same address, is listed as the Owner in the company’s 2023 Annual Report. 

But don’t go to the office address expecting to be ushered into a space with a clean, modern aesthetic that communicates success. The address is only a virtual office. The site offers a “Platinum Plan” for $69 a month and a “Platinum Plan with live receptionist” for $194 a month. 

Robert “Robbie” Brian Baker, a member of the Florida Bar (Bar #992460), is also the founder and owner of Baker Legal Team at 2255 Glades Rd., Ste 330-W, Boca Raton, FL 33431. According to the Baker Legal Team website, he has a degree from Boston University School of Law in 1989 and a B.A. from Ithaca College.  He began his career, the website says, as a prosecutor working as an Assistant District Attorney in Kings County, New York. 

As an aside, the firm’s website has the chutzpah to highlight that it’s a member of Lawyers of Distinction. 

If the Oregon State Bar Association and its 15,000 members are honestly committed to accountability, excellence, fairness, and leadership in the legal profession, as it claims, they should insist that Oregon attorneys halt falsely advertising themselves as Lawyers of Distinction or holders of other unearned accolades. 

It’s common sense. Responsible lawyers and their association should maintain the integrity of the legal profession. To do otherwise diminishes the law. 

11/13/2024 UPDATE: Oregon State Bar Refuses To Prohibit Deceit and Misrepresentation By Its Members

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“Lawyers of Distinction”: just another scam

11/13/2024 UPDATE: Oregon State Bar Refuses To Prohibit Deceit and Misrepresentation By Its Members

Portland attorney Andy Green, a graduate of Lewis & Clark Law School, is a “Lawyer of Distinction”.  So are attorneys Justin Johnson of Hillsboro, Usman Mughal of Lake Oswego, Jason Short of Salem and Bryan Donahue of Bend. They are among 48 Oregon attorneys who have been designated “Lawyers of Distinction.”

Usman Mughal was even featured in a large display ad in the Sept. 6, 2020 edition of the New York Times that congratulated a number of Lawyers of Distinction as “2020 Power Lawyers” being “recognized for their competency in jurisprudence and reputation amongst their peers.”

New York Times ad, Sept. 6, 2020

Impressed? Don’t be. 

About all that’s required to be named a “Lawyer of Distinction” is to apply yourself or be nominated, fill out some online forms and pay a fee. It’s like diploma mills, companies or organizations that claim to be a higher education institution but only provide illegitimate academic degrees and diplomas for a fee.

“There’s a sucker born every minute,” is a phrase often attributed to P. T. Barnum, an American showman. It’s apparently true with respect to the attorneys who buy “Lawyers of Distinction” memberships as well as members of the public who are misled by them.

The Lawyers of Distinction website makes the application and review process sound complex. 

According to the website, it includes a review and vetting process by a Selection Committee. That involves an analysis of a candidate’s work, experience and abilities based upon 12 independent criteria using a platform spelled out under U.S. Provisional Patent #62/743,254. Once a final score is generated, an applicant is subjected a final background check and Ethics Review. Applicants who achieve a minimum passing score and have no disqualifying ethical violations within a 10-year period prior to completion of the application are then eligible for acceptance to Lawyers of Distinction.

Sounds tough and thorough.

Don’t believe it.

 Essentially, it’s just pay-for-play. It’s selling badges.  It’s paying for meaningless accolades. Apply, pay the annual membership fee and you’re in.

The annual cost, automatically renewed every year unless cancelled: Charter membership – $475; Featured membership – $575; Distinguished Membership – $775. The company says its most popular membership is Distinguished, its most expensive. That provides:

  • A link to the attorney’s website from the Lawyers of Distinction website
  • A profile page with the attorney’s picture and a link to the lawyer’s website
  • A national press release announcing the honor
  • A members-only Facebook private group
  • Discounts at national vendors including Hertz, Avis and Hilton
  • Brochures with inserts for a business card to display
  • Access to free online CLE courses
  • Use of the Lawyers of Distinction logo and trademarked materials
  • A customized 14”- 11” plaque
  • An 11” tall customized crystal statue attorneys can display to highlight their expertise. 

Conrad Saam, owner and founder of Mockingbird Marketing in Seattle, tested the membership vetting process at Lawyers of Distinction by applying for membership as his child’s pet chicken, Zippy. “Surely their ‘rigorous review process’ would disqualify a 3 1/2 month old Golden Wyandotte,” he theorized.  

Saam started by getting an email address for Zippy through Yahoo. Then he used an alias to nominate Zippy DeShickeen. He quickly received notification that Zippy had been nominated, but he chose not to send in the membership fee.  

“Surely they wanted to know more information about Zippy,” Saam wrote. “What about the background checks?  Independent Research? and Zippys scholarly writings?  Verdicts… Settlements…. Bar Certifications?  Surely that would follow in the next phase of the process; at a minimum, LOD would want to know what state Zippy was licensed in? a bar number? or a release to perform the background check?  Some of her awards?  Some bio information? But alas, the application required nothing more than a name, address and a domain.

Some lawyers at the Davis Law Group in Seattle decided to play the game, too. In 2019, they nominated Lucy, the office’s 5-pound teacup poodle, and paid the membership fee. Lucy didn’t go to law school, but she passed her state ‘bark exam, the law firm said, and had been recognized by the legal community as a ‘top dog’.

Lucy, a Lawyer of Distinction

Lucy was accepted by Lawyers of Distinction as one of the top 10% of attorneys in the country. Lawyers of Distinction even tweeted a welcome message to her. Lucy was thrilled.  See Lucy’s acceptance speech.

According to the Florida Division of Corporations, “Lawyers of Distinction Inc.” is a private for-profit company with a principal address of 4700 Millenia Boulevard, Suite 175, Orlando, FL 32839.

Robert (Robbie) Brian Baker at the same address is listed as the President in the company’s 2020 Annual Report. But don’t go there expecting to be ushered into an office with a clean, modern aesthetic that communicates success. The address is identified online as only a virtual office.

Robert B. Baker, President, Lawyers of Distinction Inc.

Baker, a member of the Florida Bar, is also the founder and owner of Baker Legal Team in Boca Raton, Florida. A 1989 graduate of Boston University School of Law, he focuses on representing plaintiffs in cases relating to personal injury, wrongful death, auto accidents, medical malpractice and product liability. 

Lawyers of Distinction’s website says it has “over 5000 vetted lawyers.” If 5000 lawyers signed up for the Distinguished category at $775 a year, Baker’s company will rake in $3,875,000 in 2020. Quite a haul.

Lawyers of Distinction tries to quell doubts about its legitimacy by including on its website a section headed, “Is Lawyers of Distinction A Scam? With Over 5000 Members, See What Lawyers Have To Say.” But all the section contains are a few member comments and ratings, such as, “Wonderful professional organization. Very nice looking materials. Bob Goldberg – February 12, 2020.”

It’s likely that few attorneys have been duped by Lawyers of Distinction, lured into believing they’ve been selected for a rare honor based on their legal work. They must figure that impressing potential clients is worth the chronic mendacity and deception.

And they’re probably encouraged by Lawyers of Distinction advertisements that appear even in the respected ABAJournal, the flagship publication of the American Bar Association that claims to be “read by half of the nation’s 1 million lawyers every month”.

Lawyers of Distinction ad in the ABAJournal

If it’s advertised in the ABAJournal it must be legit and an acceptable marketing tool, right?

But the widespread use of Lawyers of Distinction by American attorneys really just represents the decay of honest professional representation. If the ABA, and state bar associations such as the Oregon State Bar, really cared about lawyers’ clients they would be cracking down on such misleading marketing ploys, not promoting them.

And if an attorney ballyhoos their selection as a Lawyer of Distinction, beware. They are living in a world of unearned praise.