Question: May Attorney respond to a negative online review about the representation of a former client if Attorney confines the response to comments directed to information already disclosed by the former client in the review?
Answer: In most circumstances, Rules 4 dash–1.9(c) and 4 dash–1.6 prohibit Attorney from revealing information relating to the representation of a client in response to a negative online review, even where the client or someone writing on behalf of the client has posted criticism of the quality of Attorney’s representation. Per Rule 4 dash–1.9(c), Attorney has a duty to a former client not to reveal confidential information except as would be permitted with respect to a client. A negative online review generally does not constitute a “controversy” sufficient to trigger the exception in Rule 4 dash–1.6(b)(3) and permit a lawyer to reveal confidential information to the extent reasonably necessary to establish a defense in a controversy between the lawyer and the client. Even if the information is not privileged as a matter of law such that Attorney could be compelled to disclose it in a legal proceeding, Rule 4 dash–1.6 does not permit the voluntary disclosure of confidential information by Attorney in response to an online review. See Comment [3]. Rule 4 dash–1.6 protects all information related to the representation, whatever its source. Comment [3]. Also prohibited are disclosures by a lawyer that do not reveal protected information but could reasonably lead to the discovery of such information by a third person. Comment [4]. If Attorney chooses to post a response to an online review, the response may acknowledge an attorney’s obligation to comply with professional obligations and must reveal no information related to the representation in violation of Rule 4 dash–1.6.

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