My Shingle

What’s Wrong With Linking to News Articles About Ethics Violations?

by Carolyn Elefant on May 17, 2005 · 8 comments

in Ethics & Malpractice Issues, Marketing Ethics, Websites and Blogs

Print Friendly

This article, Lawyer vs. Lawyer Over Web Site, ABA e-report (5/13/05)  reports on a lawsuit by one New York personal injury law firm where the firm Moran & Kufta of Rochester posted a headline with a hyperlink on its Web site that told readers that Cellino & Barnes, with offices in Buffalo and Rochester, was being investigated by the New York State Bar Association grievance committee. Cellino claims that the link violated state civil rights law which prohibits use of a person’s name for advertising without their consent.  Cellino claimed that the “news item” portion of Moran’s website which linked to the article about the ethics probe of Cellino constituted advertising – and that Cellino did not give consent to use of its firm name.

The case raises a number of interesting issues including First Amendment rights of speech and also whether a website is advertising. Most of those interviewed in the article were critical of the suit, believing that it would have a chilling effect on those who seek to link to items that are already part of public circulation.  That’s how I feel too.

  • Stephen Terrell

    This was attempted years ago (in a different context) by Joe Namath, who sued Sports Illustrated over using it’s famous cover photo of Joe leaving the field after SuperBowl III, in SI’s promotional ads.
    Court held that SI’s use of it’s own photo by SI was permissible, so long as it did not say Joe Willie was endorsing the publication.
    For what it’s worth, I think the same result will occur here — and in fact, I don’t think it is even a close question.
    (By the way — REALLY like the new look!)

  • Stephen Terrell

    This was attempted years ago (in a different context) by Joe Namath, who sued Sports Illustrated over using it’s famous cover photo of Joe leaving the field after SuperBowl III, in SI’s promotional ads.
    Court held that SI’s use of it’s own photo by SI was permissible, so long as it did not say Joe Willie was endorsing the publication.
    For what it’s worth, I think the same result will occur here — and in fact, I don’t think it is even a close question.
    (By the way — REALLY like the new look!)

  • Gary Pearson

    Hi, I am a business major trying to complete an assignment. The assignment requires I research a compnay to find out what people think about the company’s compliance or non-compliance to the company’s code of ethics. The company I chose to research is Ford motor co. I have been searching everywhere on the web. Can anyone point me in the right direction?

  • Gary Pearson

    Hi, I am a business major trying to complete an assignment. The assignment requires I research a compnay to find out what people think about the company’s compliance or non-compliance to the company’s code of ethics. The company I chose to research is Ford motor co. I have been searching everywhere on the web. Can anyone point me in the right direction?

  • Jason

    http://www.rochesterdandc.com/apps/pbcs.dll/article?AID=/20070613/NEWS01/70613003
    On Mr. Moran’s website in 2005 he linked to an article that placed his competition in a bad light then he gets SUSPENDED FOR THE EXACT SAME THING!!!!
    Who is the guy pushing the boulder up the hill? Sisyphus? Every attorney who tries to convince the public that we are not crooks, liars, thieves, con artists and swindlers is Sisyphus.
    I am disgusted.
    Jason

  • Jason

    http://www.rochesterdandc.com/apps/pbcs.dll/article?AID=/20070613/NEWS01/70613003
    On Mr. Moran’s website in 2005 he linked to an article that placed his competition in a bad light then he gets SUSPENDED FOR THE EXACT SAME THING!!!!
    Who is the guy pushing the boulder up the hill? Sisyphus? Every attorney who tries to convince the public that we are not crooks, liars, thieves, con artists and swindlers is Sisyphus.
    I am disgusted.
    Jason

  • http://uk.geocities.com/gay518movies/free-galleries-of-leeanne-tweeden-nude.htm rintovtork

    breast pain menopause

  • http://uk.geocities.com/gay518movies/free-galleries-of-leeanne-tweeden-nude.htm rintovtork

    breast pain menopause

Previous post:

Next post: