Legal Question in Civil Litigation in Michigan
attorney advertising
Hello. I am a law student and would like to know if there is any case law regarding attorney advertisng.
My specific hypothetical situation is this:
Susie Surfer loves the internet. She especially loves websites about the law. While surfing recently, Susie found the website advertisement of Sam Sharkey's law firm. Sam paid one of his paralegals big bucks to develop his website. This website contains numerous articles and other legal information about Sam's specialty which is personal injury law. This is a two-way website so Sam can communicate with visitors. Sam has also provided links to the court's website where forms to file lawsuits can be downloaded. Susie remembers Sam's website when she is in an automobile accident. After leaving the hospital, Susie logs on to Sam's website, reads the information, sends Sam facts about her case and when she doesn't hear from him, she downloads court forms and files her own lawsuit. Susie never talks to Sam. She eventually loses the lawsuit and tells Sam she is suing him malpractice and reporting him to the state bar association for violating ethical rules. Sam tells Susie he violated no ethical rules and she can't sue him because Susie was never his client.
Thank you.
1 Answer from Attorneys
Re: attorney advertising
That professional conduct question does not have to do with advertising ethics. The issue in that question is whether or not Susie was a client. You need to make the argument both ways on that issue.