In June 2018, the Florida Bar Ethics Committee voted 18-0 to approve a Florida Bar Staff Opinion that “permits an inquiring attorney to post a limited response to a negative online review that the attorney says falsely accuses her of theft.” Attorneys
The Florida Bar felt the need to address the situation, given the increasing frequency of negative online reviews.
The attorney who requested the opinion felt compelled to respond to an online review that claimed that, in her capacity as counsel for the reviewer, she “took the money and ran.” She asked the Bar if she could respond to the post by saying that the “court entered an order authorizing her to withdraw as counsel.”
However, the Bar determined that this response would be in conflict with Florida Bar Rule 4-1.6 because it would reveal too much information without obtaining the former client’s consent. Florida Bar Rule 4-1.6 prevents lawyers from revealing information relating to the representation of a client except in limited exceptions. Exceptions to Rule 4-1.6 are rare, and are generally limited to situations where the attorney is either being compelled by the court to reveal information, or defending herself in a formal disciplinary hearing. Absent an exception, the lawyer must seek a waiver from the client to reveal information protected by Florida Bar Rule 4-1.6.
The opinion did provide some guidance for attorneys who wish to respond to negative online reviews. “An attorney is not ethically barred from responding to an online review by a former client where the former client’s matter has concluded,” the opinion states. “However, the duty of confidentiality prevents the attorney from disclosing confidential information about the prior representation absent the client’s informed consent or waiver of confidentiality.”
A formal advisory opinion has not been drafted at this time. Read more about the Bar Committee’s findings on the Florida Bar website here.
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