Is A Civil Suit Preferable to Bar Regulation?

This article from AP,  Lawyers Can Be Sued for False Advertising (1/11/06)
reports on a recent ruling by the Colorado Supreme Court, holding that the state’s consumer protection act applies to lawyers.  Thus, plaintiffs can bring civil actions against attorneys for false or deceptive advertising.

Frankly, I don’t have a problem with this ruling.  In some respects, letting the court system rather than the bar make decisions about what constitutes a deceptive practice may be preferable. (as you might recall, here’s what the Florida Bar considers deceptive)  I realize that lawyers aren’t likely to fare well in front of juries, but I’m guessing that many of these deceptive advertising cases won’t survive summary judgment and that they’ll be costly to bring because they’ll require expert testimony.  In short, I don’t see the Colorado decision as open season on lawyers, but rather, an opportunity to develop a potentially more credible test of what’s deceptive than what the bars currently provide.