ETHICS QUESTION OF THE MONTH
This content is generated by the Texas Center for Legal Ethics and is for informational purposes only. Look for the reasoning behind the answers at legalethicstexas.com.
Yelp! I Need Somebody!
Paul is a plaintiff's personal injury lawyer in solo practice who
wants to jump-start his practice. He is aware that many clients resort
to the internet when choosing a lawyer to check their ratings by
clients. His office has a Yelp listing, but no reviews. His website has
a feature for client reviews, but none are posted.
Paul sends an email blast to all his current and former clients and
generates a Facebook post soliciting help in elevating his online
presence. He encourages clients to post glowing reviews of his practice
on as many platforms as they can.
This mass solicitation pays off, as favorable reviews of Paul’s
practice begin appearing online. Paul monitors the reviews and notices
that one comment, from an early client, Sarah, appears in identical
language on Yelp and on his website client reviews. It says, “Paul is a
rock star! He did a great job on my small case, but I know that he has
obtained million-dollar judgments for many clients.”
This gives Paul pause because he has obtained only one judgment of
over $1 million. He had one other jury verdict over $1 million, but the
judgment was reduced to under $1 million because of a comparative
causation finding attributing 20% responsibility to the plaintiff. He
also has had several settlements in the high six figures. The statement
is only slightly inaccurate, and Paul no longer knows how to reach Sarah
to ask her to correct it.
Consider the following possibilities:
1. Paul’s active solicitation of favorable reviews was unethical.
2. Paul is required to correct both comments because he knows they are inaccurate and convey the wrong impression to potential clients.
3. Paul is required to correct the review on his website, but not the Yelp comments.
4. Paul is required to correct the comment on Yelp, but not the review on his website.
5. Paul is not required to correct the inaccurate comments because
they are statements by a client and not by him.
According to a recent ethics opinion from the Professional Ethics
Committee, which of the above statements are most accurate?
A. 2 only
B. 3 only
C. 1 and 2
D. 1 and 3
E. 1 and 4
F. 1 and 5
Answer
Ethics
Opinion No. 685 (January 2020) concludes that a lawyer “may ask
current and former clients to post favorable star ratings and online
reviews about the lawyer.” However, when the lawyer becomes aware of a
favorable false or misleading statement, the lawyer must take
“reasonable steps” to correct or remove the misstatement. If the lawyer
controls the website or platform, he has an “affirmative obligation” to
remove or correct it. If he does not control it, he should “address the
matter with the author” or “consider” addressing the issue with the
website or platform administrator.
Because Paul controls his website, he is required to take corrective
action. He cannot contact Sarah, and the opinion only states that he
should “consider” contacting the website administrator, presumably
because that task could be so cumbersome and time-consuming that it
would be unduly burdensome if required. The best answer is B. For more
analysis of this issue, go to legalethicstexas.com/ethics-question-of-the-month.TBJ
ABOUT THE CENTER
The Texas Center for Legal Ethics was created by three former chief
justices of the Supreme Court of Texas to educate lawyers about ethics
and professionalism. Lawyers can access the Texas Disciplinary Rules of
Professional Conduct, the Texas Lawyer’s Creed, and a variety of other
online ethics resources by computer or smart device at
legalethicstexas.com.
DISCLAIMER
The information contained in Ethics Question of the Month is intended
to illustrate an ethics issue of general interest in the Texas legal
community; it is not intended to provide ethics advice that applies
regardless of particular facts. For specific legal ethics advice,
readers are urged to consult the Texas Disciplinary Rules of
Professional Conduct (including the official comments) and other
authorities and/or a qualified legal ethics adviser.
