Once Again, Regulators’ Restrictions On Testimonials Will Drive Clients To Non-Lawyer Providers

Ethics rules are intended to protect consumers... are they failing in one big area?

thumbs up lawyer cartoonA few months back, Fan & Fuel, a branding and communications company, published the results of a December 2016 survey regarding consumer attitudes towards customer reviews. The importance of reviews to consumers was clear and unambiguous: A whopping 92 percent of consumers care “very, very much” about customer reviews and perceive no reviews as a big problem. Indeed, a full 35 percent said that a lack of reviews meant it less likely that they would buy a product or service, while 32 percent said they would hold off until they could do more research.

The survey showed that consumers are also apt to focus more closely on written comments rather than stars or numbers — a phenomenon that I long suspected to be the case when I wrote that Avvo’s controversial numerical ratings system was really just a red herring. In fact, of the 94 percent of consumers who read reviews, 73 percent stated that written comments make the greatest impression. And while 35 percent of customers said that a negative review might influence customers not to buy, the majority felt that a mix of negative and positive reviews suggested that the feedback was authentic.

Whether or not you agree with all of Fan & Fuel’s findings, one thing is clear:  customer reviews have become more important, not less. Yet even as reviews have taken on increased significance, once again, bar regulators are completely oblivious. Because instead of making it easier for attorneys to gather or highlight client reviews, the regulators have made it more complicated. Case in point: the NYSBA’s 2017 Updated Social Media Guidelines, which require lawyers on LinkedIn to include a disclaimer next to testimonials and endorsements by clients that “prior results do not guarantee a similar outcome” (though it’s not clear why this wouldn’t be required on Google reviews or Yelp — or is it?). Lawyers may also need to seek pre-approval of LinkedIn content which is kind of impossible if testimonials show up unsolicited.

The regulations in other states are no better. Indiana doesn’t allow testimonials at all. Other states, like Pennsylvania and South Carolina require lawyers to monitor client reviews and seek removal of those that are deceptive (uh yeah, I’m going to tell a client who just paid me $50k and left a glowing review that seems too good to be true that he ought to take it down. And that makes good business sense because…?)

The onerous regulation of testimonials has a chilling effect — most solo and small firm lawyers who can’t afford to lose their license or serve as a test case avoid review sites to stay out of trouble. Meanwhile, sites like Legal Zoom — which isn’t a law firm — can plaster its home page with testimonials without any concern. Which means that the 92 percent of consumers who believe that customer reviews are important — and that the absence of reviews is a huge red flag — are more likely to seek legal services from a rated company like Legal Zoom than a lawyer without any testimonials.

Supposedly, ethics rules are intended to protect consumers. Yet when it comes to testimonials, consumers have spoken: they want testimonials to help them make decisions about products and services. By subjecting lawyer ratings to onerous regulation, the regulators ultimately hurt those consumers they purport to protect.


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Carolyn ElefantCarolyn Elefant has been blogging about solo and small firm practice at MyShingle.comsince 2002 and operated her firm, the Law Offices of Carolyn Elefant PLLC, even longer than that. She’s also authored a bunch of books on topics like starting a law practicesocial media, and 21st century lawyer representation agreements (affiliate links). If you’re really that interested in learning more about Carolyn, just Google her. The Internet never lies, right? You can contact Carolyn by email at elefant@myshingle.comor follow her on Twitter at @carolynelefant.

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