By: David J. Elkanich and Amber Bevacqua-Lynott
“You have enjoyed full-star ratings on all of the legal ranking websites for two years. Then suddenly you receive word that your former client, Litigious, who had failed to provide you with damaging information that eventually came out in deposition to his detriment has taken to bashing you on any online platform that will allow him access. Litigious has said that you are incompetent, and missed a dead- line that caused his case to be dismissed. But you didn’t, and you believe that Litigious’s comments are not only bad for business but also defamatory.
What should you do? Are you ethically prohibited from responding to the confidential information?”
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