The Strong Arm Gets Muscled
The Colorado Supreme Court has rules that the Colorado Consumer Protection Act applies to lawyers and held that a law firm client who believes he was strong-armed into a low-ball settlement can sue under the law and seek triple damages from his lawyer. According to an AP article, the lawyer believes the suit is frivolous.
States have come down on different sides of the fence on the applicability of consumer protection acts against lawyers. Some courts conclude that if the law does not specifically state that lawyers are covered, they are not, since lawyers are regulated by the courts and not the legislature under the separation of powers doctrine. Other courts have concluded that lawyers are subject to such statutes in addition to the regulation of the courts. Some of these cases are discussed in "Spamming for Legal Services: A Constitutional Right within a Regulatory Quagmire" 22 John Marshall Journal of Computer & Information Law, 97 (2003).