Tips for Online Reputation Management

Online Reputation Management is a thing.  An important thing.  But not so important that the Rules of Professional Conduct go out the window when a lawyer manages her online reputation.

Rule 1.6 prohibits a lawyer from disclosing information relating to the representation of client.  The rule is much broader than the attorney-client privilege and applies to all information relating to the representation no matter the source.

There are exceptions to the rule.  They are:

  • the client’s gives informed consent to the disclosure;
  • disclosure is impliedly necessary to carry out the representation;
  • disclosure is mandated by Rule 1.6(b);
  • disclosure is permitted by Rule 1.6(c).

Rule 1.6(c)(3) permits a lawyer to disclose information related to the representation of client:

  • to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client; or,
  • to establish a defense to a criminal charge or civil claim against the lawyer based on conduct in which the client was involved; or,
  • to respond to allegations in any proceeding concerning the lawyer’s representation of the client.

As I’ve previously blogged, a negative online review is not a “controversy between the lawyer and the client” that triggers the exception.  Neither is a negative online review a “proceeding” in which allegations have been made against the lawyer. My blog posts, which includes advisory opinions & disciplinary decisions, are here:

As the headlines suggest, the posts focus on what not to do.  For instance, don’t reveal client confidences in response to an online review.  Don’t post fake positive reviews.  Don’t create a fictitious lawsuit in order to get a court to order a website provider to take down a negative review.

Today’s ABA Journal has some great tips related to online clients reviews.  They appear in Kelly Newcomb’s post How lawyers can make positive – and negative – online reviews work for them.  

Whether on AirBnB, Yelp, Amazon, or myriad other sites, I suspect many lawyers have read through the reviews before making a purchase or reservation.  Odds are, potential clients are doing the same before hiring you.  Today’s post in the ABA Journal helps to frame not only a lawyer’s professional obligations when dealing with online reviews, but the marketing benefits that come with knowing how best to manage an online reputation.

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