According to the ABA Journal, an Illinois employment lawyer is facing disciplinary action for allegedly revealing confidential information about a former client when the lawyer responded online to a negative review on AVVO, a legal marketing site.
The client posted a negative review of the lawyer on AVVO. After the client refused to remove the review unless the lawyer refunded his fee, the lawyer posted the following online response to the negative comment:
“I dislike it very much when my clients lose, but I cannot invent positive facts for clients when they are not there. I feel badly for him, but his own actions in beating up a female co-worker are what caused the consequences he is now so upset about.”
According to the disciplinary complaint, this posting was intended to intimidate and embarrass the former client, and to keep him from posting additional information about the lawyer.
Counsel representing the lawyer in the disciplinary matter asserts that when the former client posted the negative statements about her, he waived the attorney-client privilege, and the lawyer had the right to vigorously defend herself.
This disciplinary matter, which remains pending, illustrates the pitfalls for attorneys who interactively advertise. It also presents an interesting test case concerning the duties owed to former clients who choose to publicly criticize their lawyer.
For more information on professional liability matters, contact Attorney Simon Brown at 603.410.1500 or sbrown@preti.com or a member of PretiFlaherty's Professional Liability Group.
Legal updates, news and commentary from Preti Flaherty's Professional Services Attorneys
0 comments:
Post a Comment