Spam pins 'Strong Arm'

Missed court date earns Frank Azar judge's reprimand

Ivan Moreno, Rocky Mountain News

Tuesday, July 17, 2007

Local lawyer Frank Azar refers to himself on television commercials as the "Strong Arm," but even Azar is no match for Internet spam.

He found that out when he tried to get rid of it.

When Azar's law firm missed an important court date in May, his office blamed the company's anti-spam filter.

His firm said the filter mistakenly blocked the federal court e-mail notifying it of the date.

But U.S. Magistrate Michael J. Watanabe didn't buy it.

The missed appearance drew a stinging reprimand from Watanabe, who said the law firm should have added the court's domain name to a "white list" so that e-mails would go through.

"To rely on procedures that treat the court's electronic notices as the functional equivalent of junk mail is not acceptable," Watanabe wrote.

In the July 9 written order, Watanabe said Franklin D. Azar & Associates should pay the attorney fees to the opposing counsel in the lawsuit, who did appear at the May 30 hearing.

Azar, who frequently pops up on television with such slogans as "I can get you more money!" and "In a wreck, get a check," did not return a call for comment Monday.

In this case, his firm was representing a man who claimed age discrimination by his former employer, United Services Automobile Association in Colorado Springs.

U.S. District Judge Lewis T. Babcock later dismissed the case and said each party would pay its own attorney fees.

The stringent anti-spam measures were put in place at the Azar law firm after female employees complained they were being bombarded with e-mails filled with offensive language and sexually explicit content.

Venkat Balasubramani, a Washington lawyer who specializes in Internet legal issues, said Monday that it was a matter of time before lawyers missed a hearing because an e-mail was blocked or not delivered.

"I find it interesting because I think it was inevitable as court business becomes more frequently conducted through e-mail," he said.

Balasubramani, who keeps a blog called the "Spam Notes," posted an entry about the Azar e-mail mishap this month.

Balasubramani said the episode marks one of the first times he's seen a court take action over a failed appearance caused by a misdirected e-mail.

"I think this is understandable," he said. "This could happen to anyone."

morenoi@RockyMountainNews.com or 303-954-2895