Ethical Considerations of Responding to Negative Reviews Online

Ethical Considerations of Responding to Negative Reviews Onl

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Many review aggregation websites, including but not limited to Google, Yelp, and Bing offer business owners the opportunity to “respond” to negative reviews, typically in defense of the business (whether it’s a restaurant, bar, store, or law firm). Businesses sometimes respond by apologizing and asking for more information regarding the negative experience the reviewer experienced. Other times, responses will dispute the reviewer’s claims, either directly or by providing additional context undermining the reviewer’s credibility. Attorneys’ responses to negative reviews raise unique ethical considerations, because MARPC 19-301.6 (Confidentiality of Information) limits attorneys’ ability to reveal information relating to representation of clients. The panel will discuss whether a negative review constitutes a “controversy” under MARPC 19-301.6(b)(5); whether, and to what extent, a client waives the right to confidentiality by posting a publicly accessible negative review; and whether, and to what extent, an attorney can include information relating to representation of a client in a response to a negative review without violating MARPC 19-301.6.

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