Home > Research Legal Advice > Libel / Slander > I want to post a lawyer review on Avvo. Am I allowed to describe what he...
Asked 10 months ago - New York, NY
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If he has his own firm now, can I comment on his performance at his previous position working at a different law firm? What if that previous law firm was essentially shut down due to unethical activity? Does he have some kind of privacy rights?
If I post on Yelp since the listings are specifically tied to an individual business, can I review on his company's page how he worked at the previous firm and his performance at the old firm?
The truth is always a defense to defamation. Although the statute of limitations for bringing a civil suit for legal malpractice is three years from the occurrence of the malpractice, there is no statute of limitations for complaining about an attorney's ethical conduct.
But I caution care here. An accusation of unethical activity against a lawyer is a serious matter. I think it is a great idea to post a negative review on Yelp or other such sites---if the review has a valid foundation in fact. But if your view could be characterized as a difference of opinion, or if it reflects your disagreements with the lawyer about his strategy for handling cases, you could be crossing the line into territory that could violate the lawyer's rights. In a situation like this, I think it would be wise to retain another trusted lawyer--preferably a former judge or senior lawyer with many years of experience, to review the details of this situation, and to help compose your review. In this way, you can take steps to protect yourself against an expensive law suit by this lawyer. I would urge caution---not to protect this allegedly unethical lawyer---but to protect you from further negative fallout from the situation. If this is important for you, and if you want to protect the general public, spend a few bucks to retain senior counsel for a couple of hours to work through these issues with you.
You may post the truth. The truth shall set you free.
The answer does not create an attorney-client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com
As all of the previous attorneys mentioned, you may post a truthful statement.
Here are the basics on Defamation:
Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace. There are two types of defamation: Slander and Libel. Slander is an untrue spoken statement about a person that harms their reputation and standing in their community. A person injured by slander can bring a civil lawsuit against the party that made the false statement.
Where a person is defamed in writing, it is called libel. Libel also includes television broadcasts. In many ways libel is more serious because it is more likely to reach a far greater audience. In New York a libeled person’s damages are presumed because the defamatory statement is preserved for a greater period of time.
It is important to note that the statute of limitations for defamation is different in each state. A statute of limitations is the time that a civil or criminal action must be brought forward. The limitations period begins when a defamatory statement is communicated to someone other than the plaintiff. For instance, in New York, New Jersey, and California the statute of limitations is one year. However, in Washington and Indiana it is two years. Because the time to bring an action defamation is shorter than a negligence action, it is imperative that a person who believes they have been defamed speak with an attorney immediately.
I assisted my brother in writing several articles on this topic. Two of them are listed below:
http://www.suite101.com/content/defaming-the-in...
http://www.suite101.com/content/will-justice-be...
I wish you the best of luck.
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