AttPro Tip of the Month – Let It Go? Addressing Negative Online Reviews

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Receiving a negative online review can leave you frozen in your tracks. Whether from a former client or a disgruntled family member or friend of a client, the reviewer will likely identify you and criticize your legal work – whether warranted or not. So, what are your options? You may not have ice powers like Elsa, but you might adopt her philosophy when it comes to just letting it go.

While your first instinct might be to immediately respond and disclose what really happened in an effort to defend yourself, a quick response may not actually be in your best interest from an ethical or business perspective. First, remember that ABA Model Rule 1.6 prohibits a lawyer from revealing information related to the representation of a client unless the client gives informed consent. Although the Rule does permit a lawyer to defend themselves under certain circumstances, various state ethics committees have determined that disclosure of confidential information in response to a negative online review does not trigger this exception. For example, in In re Conduct of Conroy, the Oregon Supreme Court found that the self-defense exception did not apply when an attorney posted the client’s full name and specific criminal convictions in response to a negative online review. In this case, the attorney had not established there was a “controversy” and failed to show he had revealed information only to the extent “reasonably necessary,” as required by Oregon’s version of Rule 1.6. Accordingly, based on the Rules of Professional Conduct alone, you may need to “conceal, don’t feel” as the song (now stuck in your head the rest of day) goes.

Another reason to let the review simply stand among all your positive reviews from grateful clients is that it may not hold the weight you think it does. While a certain ice princess might “not care what they’re going to say,” you may understandably have more trouble letting that review roll off your back. However, consider whether a reasonable person would find the review credible at all. If the review is clearly irrational and disjointed, an objective reader will more than likely disregard the review and consider all the available reviews as a whole.

Finally, keep in mind that acknowledging the review with a response may very well draw the attention to it that you are trying to avoid. Not only does your response raise the ethical concern of a breach of your duty of confidentiality as noted above, but it also may not be the first impression you want to offer potential clients. However, if you do feel compelled to respond, ABA Formal Opinion 496 suggests that you post an invitation to contact you privately to discuss the matter or simply state that professional considerations dictate you will not post a substantive response online. You might also explore whether the platform on which the review was posted will delete it.

In a world in which most consumers check online reviews for everything – before hiring a handyman or buying a blender – you can expect a prospective client will check your online reviews. While it may be difficult to hold back from responding, “it’s funny how some distance makes everything seem small.” So, let your positive reviews outshine that negative review and Let It Go.

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