TITLE

The high price of malpractice

PUB. DATE
February 2000
SOURCE
Advertising Age;2/7/2000, Vol. 71 Issue 6, p34
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
This article addresses the issue on whether an advertising agency can be guilty of malpractice. It is a provocative issue, and also a serious legal inquiry raised by an advertiser, retailer Just for Feet, after its pricey 1999 Super Bowl television advertising turned into a disaster. While the U.S. courts have yet to rule, the answer seems clear. Malpractice is not a concept that works in the advertising world, and for the courts to impose it would be a mistake of large proportions. This is not to say that advertising agencies have no legal obligations to their clients. When their responsibilities are clear, such as for the careful stewardship of millions of dollars in client media budgets, perhaps lawyers and judges can reasonably determine when those obligations have not been met. But on the cloudier issue of whether clients can hold agencies legally responsible for advertising that does not work, or for somehow mishandling the creative process, legal standards of malpractice seem to have little to offer.
ACCESSION #
2751788

 

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