How to maneuver in the world of negative online reviews, the important ethical considerations for attorneys, and changes needed to protect the legal profession

摘要

The advent of the Internet and social media has revolutionized the way society communicates, the speed in which news is disseminated, and the approach that people take in their daily decision-making. Online reviews are now common place on nearly every consumer-related website. Consequently, attorneys are also being publicly scrutinized by their clients on a range of topics from price, competence, satisfaction, personality, communication, and effectiveness. On one side of the coin, this new phenomenon can be very rewarding since attorneys were previously limited to receiving a small number of referrals from the word-of-mouth promotion before the creation of online reviews. However, the exact opposite is true. Negative online reviews, whether accurate or not, may deter potential clients from even giving the attorney a second thought. As a result, a firm's business can feel the immediate impact of negative reviews. Attorneys, who legitimately need and want to protect their business and reputation, cannot speak freely online to defend their honor. Rather, an attorney must be mindful of not disclosing confidential client information or crossing other ethical lines that may then expose the attorney to potential discipline. There are several interests that must be considered such as allowing attorneys to exercise their First Amendment right to free speech, respect and adherence to the ethical rules of nondisclosure of confidential information, allowing attorneys to preserve their reputation, and protecting an attorney's marketability and means of generating income. This article explores the trend in offering reviews online in a variety of industries, including legal services, the statistical findings regarding the prevalence of this information and consumers' reliance on the information while making a purchasing decision. This article also considers the positive and negative implications of the reviews being so widely spread, while highlighting unique considerations as it relates to the practice of law and factors that may greatly skew a reviewer and reader's perceptions. Next, this article outlines the ethical considerations of attorneys if they want to respond to negative online feedback, such as disclosure of confidential information. Then, this article analyzes the American Bar Association (ABA) and several US states' ethics opinions for guidance for attorneys who wish to respond negative reviews. Finally, this article details the author's recommendations for attorneys, the ABA, and the US states and propose the areas where additional ethics opinions, rules and guidelines should be focused to establish a proper balance between the valuable insights discovered from a client's review and attorneys' legitimate interests in protecting their reputation and livelihood from inaccurate, malicious, or erroneous postings.