Wednesday, July 28, 2021

Discipline for replying to online reviews improperly

One topic that has received a lot of attention this year is the question of how to reply to negative online reviews.  

Earlier this year, the ABA issued an ethics opinion concluding, among other things, that lawyers should not disclose confidential information when replying to negative online reviews. See here. Some time later, a Committee in Florida proposed to amend confidentiality rule to allow disclosure to reply to online criticism.  See here.

I am writing today about this because earlier this month, the Oregon Supreme Court reprimanded an attorney for violating the duty of confidentiality in response to negative online reviews.  The case has attracted some attention around the internet and you can read commentary on it in Lex BlogThe Legal Profession Blog, The Chicago Legal Malpractice Lawyer Blog, The ABA Journal, and the Lawyers Ethics Alert Blog.

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