How to Respond to Negative Online Avvo Reviews
Your law partner emails you over the weekend and asks, "did you run into our Google Reviews?" Not knowing that you lot even had Google reviews yous surf over to find that non only does your business firm have ii out of v stars average, but 2 of the reviews are scathing and incorrect. Y'all want to respond and make it clear that these reviews are not factual and that at that place are mitigating circumstances. Just can you? That is the field of study of a recently adopted ideals stance from the NC State Bar Ideals Committee.
The Land Bar Ethics Commission adopted 2022 FEO 1, "Responding to Negative Online Reviews". This opinion states that a lawyer may post a proportional and restrained response to a negative online review just may not disembalm confidential customer information.
The opinion states: "In response to the former client's negative online review, [a] Lawyer may post a proportional and restrained response that does non reveal whatever confidential information." Information technology goes on to explore any possible exceptions to the duties under Rule 1.6(b) Confidentiality, including Rule 1.vi(b)(6) Cocky Defense force Exception, but summarizes that the self-defense exception applies to legal claims and disciplinary charges arising in civil, criminal, disciplinary or other proceedings. A negative online review does non autumn within these categories and, therefore, does not trigger the self-defense exception.
What is a "proportional and restrained response"? The Pennsylvania State Bar Ethics Committee provides a sample response to a negative online review: "A lawyer's duty to keep customer confidences has few exceptions and in an abundance of caution I do not feel at liberty to answer in a point-by-point fashion in this forum. Suffice it to say that I do not believe that the mail service presents a off-white and accurate picture of the events."
Applicable Disciplinary Cases
Lawyers accept been disciplined for their responses to negative online reviews that violated RPC 1.half dozen. In Colorado the event of "People v. James C. Underhill Jr" was that attorney James C. Underhill, Jr. was suspended after responding to online reviews from two divide clients in a manner that the court determined violated RPC 1.6(a). He additionally sued the first client for defamation and communicated with them ex parte despite their counsel'due south repeatedly imploring with him not to practice and so.
In Illinois, the result of "In The Matter Of: BETTY TSAMIS, Attorney-Respondent, No. 6288664" was that Ms. Tsamis was reprimanded by the Hearing Board. After posting two negative reviews about Ms. Tsamis on the legal directory Avvo, (the starting time of which was removed past Avvo) Ms. Tsamis responded to the second:
"This is merely false. The person did not reveal all the facts of his situation up front in our first and second meeting. [sic] When I received his personnel file, I discussed the contents of it with him and informed him that he would likely lose … I feel badly for him but his own deportment in beating up a female person coworker are what caused the consequences he is now so upset about"
In Georgia the outcome of "In The Thing Of Margrett A. Skinner. Per Curiam" was that Ms. Skinner received a public reprimand for revealing personal and confidential information about the client that Ms. Skinner had gained from the attorney-client relationship in response to a negative review on a public website.
What You Need to Know
Lawyers need to establish the following for online review sites:
- Practice I have a profile?
- Are there whatever reviews?
- Are they accurate?
- Can I get it removed?
- Should I respond?
To find out if your firm has a profile, what is being said about you, and to stay on top of reviews run across the CPM mail "Be Proactive: Online Reviews and Reputation Management" to acquire more nigh understanding your firm'southward online reputation and proactively managing information technology.
How to Get Reviews Taken Down
If it a review is inaccurate, they weren't your client, if the review is threatening, includes hate voice communication or is lewd yous may have some recourse directly with the review site in getting information technology taken downward. About of them accept a "report this review" and and so someone will look at it.
Below are links to instructions on how to get a review removed from these review sites:
- Yelp and Yelp's Guidelines
- Lawyer Ratingz
- Avvo
- Google My Business
Should I Sue?
Suing for defamation may invoke more attention and more negative press. "Any the reason for the lawsuit, attorney Josh King, former general counsel of Avvo.com, says whatever legal activity is not a proficient idea "The idea of pursuing a defamation lawsuit over an online posting is about the stupidest affair you lot tin can practice as a business organisation owner," Rex said. "It simply raises the profile of the event, it ignores an opportunity to respond to customer feedback and it lets other consumers feel that y'all as a concern are more interested in covering upwards negative feedback than really responding to information technology and addressing information technology."
An illustrative case involves the law house Tuan A. Khuu and Assembly who sued a office-fourth dimension student Lan Cai for defamation for writing negative online reviews about their representation. Not simply did they lose the case, they paid most $27,000 in attorney'southward fees to the accused. Michael Fleming, the attorney representing Lan Cai, used the Texas anti-SLAPP police force as office of her defence.
There are some instances in which attorneys have been initially successful in winning defamation lawsuits, but they are few and far betwixt. One such case was when a Florida appellate court in January awarded $350,000 to Florida divorce attorney Ann-Marie Giustibelli after a customer allegedly defamed her on Avvo. In another case in June 2016, a California court ordered Yelp to take downwardly an allegedly defamatory review of a constabulary firm, Hassell Law Group, but subsequently lost in an appeal to the California Supreme Court in 2018, which issued a decision allowing Yelp to let the reviews remain online.
What Virtually Non-Disparagement Clauses?
A number of companies accept tried to add non-disparagement clauses in contracts to get clients to agree not to mail bad online reviews. In California, AB 2365 subjects businesses to fines for contracts including these types of provisions. Maryland passed a similar law, referred to as "the right to Yelp". At present federal law, Pub.L. 114-258 (the Consumer Review Fairness Act of 2016) prohibits non-disparagement clauses.
The Response
The about effective responses to negative feedback online can exist a simple comment. This tin can send a powerful message to the side by side reader about your professionalism and involvement in feedback. Rather than arguing the substance of what the reviewer wrote, effort to be responsive, empathetic and thoughtful. Getting a negative review is frustrating, simply responding well, along with your other, positive reviews, goes a long way toward deflecting this negative feedback.
Merely, should you answer at all? Currently, the respond is yes. A measured response shows a willingness to "own" the comment and this is expected in today's social atmosphere. You likewise may get in the final word.
The Best Defence force is a Expert Offense
Having an splendid web presence that you control will help determine what people encounter in search engine results and review sites. This can include whatever and all the following:
- Website and/or
- Blog
- Social media presence
Additionally, you may consider giving clients an outlet to give you feedback directly, rather than going online to mutter. The blog mail "Avoid Bad Reviews by Requesting Client Feedback" outlines some ideas for checking in with your clients with satisfaction surveys. At the close of a thing, inquire happy clients if they would be willing to provide feedback. Getting reviews from clients involves timing – inquire them as soon as the matter is over, otherwise they may not be as interested in participating. Also, the representing chaser should do the asking, this is not a job to be given to support staff.
Always remember, simplicity is key! Information technology might seem like adding another pace to an already busy workday, only past giving clients a platform to experience they're complaints are heard, you lot can forbid bad reviews from popping upwards online. Take accuse of your online reputation by stopping bad reviews before they start!
Source: https://www.ncbar.org/2020/02/04/responding-to-negative-online-reviews/
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