| April 2008 Unethical Websites
Parloff found that on one of the sites, the notice that it was "sponsored by" a particular law firm didn't print when the home page was reproduced. "Sponsored by" itself is misleading on these sites, which are not just "sponsored by" but are in fact "created and wholly operated by," despite site titles like " the Mesothelioma and Asbestos Awareness Center." Doesn't "Center" suggest a non-profit organization dedicated to providing information about the disease? But there is only a "center" if you call a website a "center." The legal ethics rules, which declare it dishonest for a solo practitioner to put "..and Associates" next to his name, don't quite cover this trick, but it is just as misleading. Parloff also points out that these sites have .org domain addresses, which suggest, and are intended to suggest, non-profit status. But use of the .org designation isn't regulated. Again, the trick falls just short of punishable professional dishonesty. When Parloff raised the issue, he attracted predictably indignant and ethically-muddled attacks from, you guess it, trial lawyers.
In other words, this disease is so bad it justifies us deceiving the victims so they can get our help and collect damages, with us getting 40% , of course, but that's beside the point. Right.
And how, exactly, does this excuse deceptive websites? Ethically, this isn't rocket science. A law firm that creates a website about a particular disease has an obligation not to hide, mask, or otherwise misrepresent the fact that it is created by the firm. But this would make potential clients suspicious of their motives, you say? Too bad. Tricks like this are why they are suspicious. When someone says they are withholding all the facts from someone for their own good, check your wallet. Deception isn't ethical. The fact that these sites just barely comport with the legal profession's ethics rules (they don't directly solicit clients, for example) doesn't change the fact that the firms creating them go to some lengths to disguise their origins. That's deceptive. That's unethical.
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© 2007 Jack Marshall & ProEthics,
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