In a recent formal opinion, the ABA addressed a lawyer’s ethical obligations when deciding to respond to a negative online review. Specifically, this opinion focused on the potential for breaching client confidentiality and best practices to avoid doing so.
ABA Model Rule 1.6(a) prohibits a lawyer from revealing information relating to a client’s representation while 1.6(b) provides exceptions to this nondisclosure rule. However, negative online reviews do not meet any of the exceptions within 1.6(b). Specifically, this opinion concluded that “a negative online review, because of its informal nature, is not a ‘controversy between the lawyer and the client’ within the meaning of Rule 1.6(b)(5), and therefore does not allow disclosure of confidential information relating to a client’s matter.”
When faced with negative online criticism, the opinion suggests the following best practices:
- Consider not responding to avoid drawing more attention to the review
- Request that the website host or search engine remove the post if it is from a nonclient
- Request to take the conversation offline
- If the post is from a nonclient, the lawyer may respond by stating so
- Acknowledge that the lawyer’s professional obligations do not permit him or her to respond
Read the full opinion here.
