Manny de Castro is suing Yellowbook after the phone book maker misspelled a prominent word in the attorney's half-page, color advertisement, but still insisted he pay for the ad or be taken to a collection agency.
A frustrated de Castro says he'll lose business over the ad, which includes the headline "The Trial Lawyer Fighting For Your Justics." His lawsuit seeks $6,780, the cost of the ad, as well as lawyer fees and damages resulting from "humiliation and loss of business."
In a somewhat humorous, but very true statement, de Castro says, "All things being equal, when someone looks for a service in the phone book, they're going to choose the person that knows how to spell."
Here's where it gets interesting: de Castro says he was never shown a copy of the ad before the books went to print (the same error now appears online as well). To me, this means both parties own some responsibility for the situation.
Yellowbook, of course, should have proofread the ad (they have this thing called spell check last I checked), but at the same, de Castro should have insisted on seeing a copy of the ad before it went live.
So what do you think? Where do you place the blame? And do you think de Castro deserves to win his lawsuit? If so, how much would you award him for "humiliation and loss of business?" Join our debate on martindale.com Connected today to share your thoughts.
For what it's worth, I would advise Mr. de Castro to enter the LexisNexis Small Law Ultimate Marketing Makeover Contest. Open to U.S. firms that employ up to 21 attorneys, the grand prize is $50,000 worth of online marketing products and services from LexisNexis. Learn more about the contest now.