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Consumer protection act applies to lawyer ads, Colorado court roles.

Publication: Trial
Publication Date: 01-MAR-06
Format: Online
Delivery: Immediate Online Access

Article Excerpt
In a case of first impression for the state, the Colorado Supreme Court has held that attorneys are subject to liability for deceptive advertising under the state's consumer protection act, rejecting a law firm's argument that the statute exempts the practice of law.

"The proper test of ... liability under our law is whether or not an attorney's conduct constitutes deceptive trade practice with the requisite intent and meets the elements of public impact and causation," wrote Judge Mary Mullarkey for the court, ruling that the suit alleging deceptive advertising may go forward. (Crowe v. Tull, No. 04SA385, 2006 WL 39248 (Colo. Jan. 9, 2006).)

The plaintiff, Richard Crowe--a former client of the defendant law firm who said he...

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