Legal Marketing
Court Upholds $21K Award Against Faxing Lawyer
Posted Feb 4, 2008, 12:21 pm CDT
By Debra Cassens Weiss
A New York appeals court has upheld a $21,000 award against a lawyer who faxed unsolicited information about legal malpractice cases to another lawyer.
The court said the faxes sent by Andrew Lavoott Bluestone violated a federal law that bars unsolicited ads, the New York Law Journal reports. Scott Greenfield, Bluestone's lawyer, told the legal publication he would appeal the decision.
The faxes sent by Bluestone, a legal malpractice lawyer, had information on malpractice issues and trends, and contained his contact information.
The appeals court in a 3-2 ruling said Bluestone’s argument that the faxes were purely informational “defies common sense." The faxes indirectly proposed a commercial transaction, the majority said.
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