A Client Files a Claim against His Lawyers for Violation of Colorado’s Consumer Protection Act
Ben Cowgill’s Blog on Legal Ethics reported on an interesting ethical issue yesterday, here. According to the post, an e-mail newsletter published by the law firm of Hinshaw & Culbertson talked about the recent decision Crowe v. Tull, 126 P.3d 196 (Col. 2006) in which the Colorado Supreme Court held that the state’s Consumer Protection Act (CCPA) applies to lawyer advertising, after a client filed an action under the CCPA against his former attorneys because of their deceptive television ads. In so holding, the court found that the CCPA was intended to apply to all deceptive marketing practices and fraudulent advertising without regard for the defendant’s profession. The court went on to state that the Act does not create liability for those who intend to live up to the pronouncements of their ads, but innocently or negligently fail to conform their conduct to their words. However, in the instant case the court found there was sufficient evidence that the defendant/attorneys knowingly engaged in deceptive trade practices.