January 27, 2021 at 3:53 PM
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A few weeks ago, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility released Formal Opinion 496 where they discuss how a lawyer can ethically respond to negative online reviews. Prior to this, it was generally understood that a lawyer shall not disclose confidential information under the attorney-client relationship to respond to a negative online review. The committee agreed.
The opinion cites to the relevant ABA Rule stating that a lawyer may reveal confidential information to establish a defense in a controversy between the lawyer and the client or to respond to allegations in any proceeding concerning the lawyer’s representation of the client.