ABA Formal Opinion 496: Responding to Online Criticism

"The Committee concludes that, alone, a negative online review, because of its informal
nature, is not a “controversy between the lawyer and the client” within the meaning of Rule
1.6(b)(5), and therefore does not allow disclosure of confidential information relating to a client’s
matter.4 As stated in New York State Bar Association Ethics Opinion 1032 (2014), “[u]nflattering
but less formal comments on the skills of lawyers, whether in hallway chatter, a newspaper
account, or a website, are an inevitable incident of the practice of a public profession, and may
even contribute to the body of knowledge available about lawyers for prospective clients seeking
legal advice"

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