ABA to Lawyers: Don't Feed The Trolls!

Lawyers to the ABA: But we want to!

Some crazy person posts a bad online review of you or your law firm. You're understandably upset, but what can you ethically do?

Unfortunately, not much but...

The ABA's sample response sounds a bit ominous but is hardly satisfying: “Professional obligations do not allow me to respond as I would wish.”

ABA Formal Opinion 496 (Jan. 2021) recommends: "Lawyers should give serious consideration to not responding to negative online reviews in all situations."

The Opinion specifically notes the 'Barbara Streisand Effect,' an academic term for don't feed the trolls - when an attempt to correct misinformation has the?unintended consequence?of increasing awareness of that misinformation.

Citing NYSBA Ethics Op. 1032 (saying a lawyer can't "disclose client confidential information solely to respond to a former client’s criticism of the lawyer posted on a website"), the Opinion acknowledges the challenges and inequity.

The unfortunate simple fact is that a bad online review, even a completely fabricating one including outright lies, does not generally rise to the level of a claim allowing waiver of the attorney-client privilege for a lawyer to defend his or her self.

Opinion 496 does outline some sort of helpful options:

1. Ask the website to remove the post;
2. Ignore it;
3. Request to take the conversation offline;
4. If accurate, say the person is not a client/former client;
5. Respond directly (ethics counsel is recommended); or
6. Use the canned "professional obligations" response above.

If you just can't turn the other cheek, before you take the bait - consult with ethics counsel.

While the ABA's opinion is generally right and not responding is almost certainly the best move, your pro se plaintiff 'spidey sense' should start tingling when crazy people post lies about you on the internet.

Instead of rolling in the e-mud with them, plan on more trouble down the road - get a response plan in place and dust off your professional liability policy.