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I want to post a lawyer review on Avvo. Am I allowed to describe what he did to me at the company he last worked for?

New York, NY |

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?

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Attorney answers 6

Posted

You can post absolutely truthful information, and it will up to Avvo to accept your comment or not. I would not say a single word about the details of any prior representation. You can easily get your point across about this person in general terms.

Asker

Posted

Why would you exclude details of prior representation? It is critical to the review and people need to know the name of the previous firm.

Robert A. Stumpf

Robert A. Stumpf

Posted

Because it's the point of attorney client confidentiality that you should keep certain things private. You run the risk of unnecessarily embarrassing both your attorney, and yourself.

Asker

Posted

I'm trying to embarrass my attorney. Isn't only he not allowed to mention my name to others?

Robert A. Stumpf

Robert A. Stumpf

Posted

that's up to you. You asked for feedback. And my feedback to you is that to purposely embarrass a professional is childish.

Asker

Posted

so is scamming me and other innocent people.

Robert A. Stumpf

Robert A. Stumpf

Posted

That's why we have a grievance committee. To fairly protect the public and lawyers that might have done nothing wrong. That is an adult activity-- presenting your facts to that body, so they can make the fairest decision possible. Trying to harm someone on the internet is childish.

Asker

Posted

not everyone has the time, money or expertise to do something like that. I'm sure you're aware plenty of guilty parties countersue and win just because they know how. My job is to warn others of what happened to me and there is no replacement for that kind of knowledge. Not all the money in the world.

Robert A. Stumpf

Robert A. Stumpf

Posted

"not everyone has the time, money or expertise to do something like that." All you have to do is write a letter. Again, that is the solution to the problem, because they have the ability to stop him from practicing law at all if he is actually hurting the public. Isn't that what you want?

Asker

Posted

is there a statute of limitations?

Asker

Posted

and honestly I'm not sure it would be enough to stop him, and I don't have evidence supporting each and every one of my claims. unfortunately, that is also part of the reason so much corruption occurs -- they know how to not get caught.

Robert A. Stumpf

Robert A. Stumpf

Posted

Just write the Grievence Committee (First Department if he is located in Manhattan or the Bronx) and write them a detailed letter describing your concerns about this attorney. That's all. In the time it takes you to comment on Avvo, you could be finished. They are the ones with authority to take action. You can easily find their address on Google.

Asker

Posted

this was about 6 years ago

Asker

Posted

can he sue me for filing this?

Robert A. Stumpf

Robert A. Stumpf

Posted

No. Just do it.

Posted

As Mr. Stumpf says, you may post truthful current informaton. If you wish to bring up the past whcih may interfer with this current employment, you may need to consult an attorney to make sure you aren't starting WWIII.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Asker

Posted

Isn't Avvo a collection of reviews regardless of their dates? The reviews don't correspond to specific positions or firms.

Posted

Just stick to the truth and you should be fine.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

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

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

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.

Posted

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-innocent-a136272

http://www.suite101.com/content/will-justice-be-served-in-hofstra-rape-fraud-a149714

I wish you the best of luck.

Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

Asker

Posted

is the statute of limitations the same for an internet post?

Brian C. Pascale

Brian C. Pascale

Posted

Yes. 1 Year. However, if you are stating the truth, it is an absolute defense.

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