A complaint was lodged against a Lawyer (hereinafter referred to as the “Respondent”) by another Lawyer that he had received an email from the Respondent without knowing the specific sender and without ever having given his consent. The content of the message was a greeting card which read “We wish you a Merry Christmas and a Happy New Year with Health, Joy and Prosperity for all”.
The Complainant stated that he had never given his consent and there was no prior relationship between him and the Respondent. On the other hand, the Respondent alleged amongst others that the address was posted on the CBA page, he maintained a social habit of sending greetings which he could have done by conventional mail and that the Complainant could have requested the deletion of his email address and not sending greeting cards instead of filing a complaint improperly.
In the context of the examination on the part of the Commissioner, it was decided
(a) the public posting of the complainant’s email address on the CBA’s website is for the purpose of promoting his status as a lawyer.
(b) Public viewing on the CBA website does not imply the use for any purpose is permitted.
(c) The complaint cannot be considered as advertising/promotional as it was sent to a professional in the same field of practice.
(d) The complaint was found to be unsubstantiated and rejected.
The decision can be found here.
The Law Office of Orphanides, Christofides & Associates Ltd handled the case on behalf of the defendant.