In today’s digital age, online reviews can significantly impact a law firm’s reputation and ability to attract new clients. However, Arizona attorneys must exercise extreme caution when responding to online reviews to maintain compliance with ethical obligations, particularly regarding client confidentiality.
The Arizona Supreme Court’s Position
According to Ethics Opinion EO-19-0010 from the Arizona Supreme Court Attorney Ethics Advisory Committee, while lawyers are not barred from responding to online reviews (whether positive or negative), they must strictly adhere to the duty of confidentiality outlined in ER 1.6 of the Arizona Rules of Professional Conduct.
Key Restrictions
The opinion establishes several crucial guidelines:
- Strict Confidentiality Requirements: Lawyers cannot disclose any information relating to client representation without explicit informed consent from the client.
- No Exception for Online Reviews: The “controversy” exception under ER 1.6(d), which allows attorneys to defend themselves in certain situations, does not apply to online review responses.
- Identity Verification Issues: Due to the anonymous nature of many online reviews, attorneys cannot assume the reviewer’s identity, making any disclosure of confidential information particularly risky.
The Approved Response
The Ethics Committee provides a template for an acceptable response to online reviews:
“A lawyer’s duty to keep client confidences has few exceptions and in an abundance of caution I do not feel at liberty to respond in a point by point fashion in this forum. Suffice it to say, I do not feel that the post presents a fair and accurate picture of the events.”
What This Means for Arizona Attorneys
- Never Reveal Client Information: Even if a client has publicly shared information about their case, attorneys cannot disclose additional details in response.
- Avoid Confirmation of Representation: In some cases, even acknowledging whether someone was a client could violate confidentiality rules.
- Keep Responses Generic: Any response should focus on explaining the attorney’s ethical obligations rather than addressing specific claims.
Best Practices for Managing Online Reviews
To maintain ethical compliance while protecting your online reputation:
- Regularly monitor your online presence
- Use the approved template response when necessary
- Focus on generating positive reviews from satisfied clients (with their consent)
- Consider implementing internal feedback systems to address client concerns before they become public reviews
Conclusion
While negative online reviews can be frustrating, Arizona attorneys must prioritize their ethical obligations over defending their reputation. The safest approach is to use the Ethics Committee’s approved response template and focus on generating positive experiences that lead to favorable reviews.