A one-star review gets the facts wrong, and the urge is to set the record straight. For a lawyer, that correction can lead to discipline, because those facts are confidential client information.

Knowing how lawyers should respond to negative reviews starts with the confidentiality rule, which a bad review does not loosen.

This is general information and should not be read as legal advice.

A Bad Review Is Not a “Controversy” Under Rule 1.6

A negative online review, on its own, does not trigger the self-defense exception in ABA Model Rule 1.6, the confidentiality rule. That exception, Rule 1.6(b)(5), covers a controversy between lawyer and client or a proceeding about the representation, among other situations.

The ABA concluded in Formal Opinion 496, issued January 13, 2021, that a review, “because of its informal nature, is not a ‘controversy between the lawyer and the client.'” Facts in the public record stay confidential too, and a false review does not change the answer.

State ethics opinions agree.

• Texas Opinion 662 (2016) allows a restrained reply that reveals nothing confidential.
• Florida Opinion 20-01 (2020) bars disclosing information about the representation in a reply.
• North Carolina’s 2020 Formal Ethics Opinion 1 permits a professional, restrained response.

Rules vary by state. D.C.’s Rule 1.6(e)(3) lets a lawyer answer specific client allegations but not general criticism, according to D.C. Ethics Opinion 370.

In the Matter of Skinner (Georgia, 2014) ended in a public reprimand over a reply containing confidential client information. People v. Isaac (Colorado, 2016) brought a six-month suspension after replies to two reviews revealed the clients’ criminal cases and how the lawyer was paid, with prior discipline also weighed.

Deciding Whether a Negative Review Needs a Reply

Deciding whether a negative review needs a reply comes before any wording. As a best practice, Opinion 496 suggests lawyers consider not responding at all, since a reply can draw more attention. Three questions help.

• Does the review break a Google policy? Reporting it may fit better.
• Is the reviewer a former client? A direct call is allowed, but disclosing client information online is not.
• Did the firm ever represent the reviewer? If not, the ABA warns that even calling the events inaccurate can reveal the lawyer’s involvement.

How to Reply Without Revealing Anything

A reply to a negative review that reveals nothing stays short and free of facts. The sample below is one a firm could adapt.

“Our professional obligations do not allow us to discuss any matter here. Please call our office if you would like to talk.”

That wording names no client, case, outcome or fee. An opening like “We’re sorry you were unhappy with your settlement” confirms a client relationship and a result.

Before posting, check the draft for these items and cut them.

• Case details, results, dates or fees.
• The reviewer’s name, which Google’s personal information policy says not to post without consent.
• Any threat of a lawsuit. The FTC’s rule on consumer reviews treats an unfounded legal threat made to stop or remove a review as a violation.

Flagging Fake Reviews and Asking for Real Ones

Law firm Google reviews should be reported only when they break a Google content policy. Google says “Do not report a review just because you disagree with it or dislike it.” Evaluation typically takes several days, and a firm gets one appeal.

Texas Opinion 685 allows asking for reviews if clients aren’t encouraged toward false, misleading or unfounded statements. Other states may differ. A request process can follow these steps.

• Ask every client when the file closes, since Google bars asking only happy clients.
• Offer no gift or discount. Google forbids them, and FTC rule 465.4 prohibits incentives tied to a review’s sentiment.
• Remove any fee agreement clause that penalizes or restricts reviews, which the Consumer Review Fairness Act makes illegal in form contracts.

Reviews reposted on the firm’s site fall under Rule 7.1, and testimonial rules vary by state, as with attorney video advertising rules. Reviews also come up in local SEO for personal injury lawyers and in Google Business Profile posts, which raise separate questions.

Frequently Asked Questions

Can a lawyer respond to a negative Google review?

A lawyer can respond to a negative Google review if the reply reveals nothing about the client’s matter. Opinion 496 accepts an offer to talk privately or a note that professional duties prevent a reply.

Can a lawyer correct a negative review that is false?

A lawyer cannot use client information to correct a negative review, even a false one. The ABA treats a review as too informal to count as a controversy with the client, so the self-defense exception does not apply.

Can a law firm get a negative review removed from Google?

A law firm can ask Google to remove a negative review only when it violates Google’s content policies. Google decides, typically after several days, and one appeal is allowed.

Can lawyers ask clients to leave Google reviews?

Lawyers can ask clients to leave Google reviews if every client gets the same request and nobody is rewarded for posting. Under Texas Opinion 685, the firm also must not encourage false or misleading statements.

How Lawyers Should Respond to Negative Reviews While Building Trust

A prospect who reads a negative review can also read the firm’s pages before calling. Lexicon’s legal content experts write pages that set a firm apart through law firm website differentiation. Call 877-486-8123 or contact us online.

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David Arato, JD is the founder of Lexicon Legal Content, an attorney-owned legal content marketing agency serving law firms since 2012. Lexicon’s services include attorney website content and infographics for law firms. David is a frequent contributor to Attorney at Law Magazine and Attorney at Work and a recurring guest on legal marketing podcasts.