Can a New York lawyer ask former clients to write Google reviews and offer them a small gift for doing so?

Plain-English summary

The inquirer left a firm to start a solo immigration practice and wanted to contact former clients to tell them about the new practice, ask them to write Google reviews of his prior work, and offer a small gift such as a gift card to each former client who wrote a review. He asked whether the Rules permitted this.

The committee concluded that the Rules do not prohibit asking a former client to write a Google review. Relying on N.Y. State 1052 (2015), which approved asking clients to rate services and offering a modest credit so long as the incentive was not contingent on the content of the rating and the client was not coerced, the committee applied the same reasoning to a nominal gift for a former client's Google review. It identified that under Rule 1.0(a) and prior Opinion 1221 (2021), communications to former clients that are germane to the earlier representation are not advertising, and that Rule 7.3(a) expressly excludes former clients from the ban on in-person and real-time solicitation.

The committee identified the limits. Under Rule 1.9(c), the lawyer may not use confidential information of the former client protected by Rule 1.6 to the former client's disadvantage, nor reveal it. The committee tied the permission to the conditions that the lawyer not draft the review and not condition the gift on the review's content, consistent with the advertising and honesty rules (Rules 7.1 and 8.4(c)).

In practice

Under this opinion, soliciting a former client's Google review and offering a nominal gift for it is permitted, subject to stated conditions: the lawyer does not write the review, the gift is not contingent on the review's content, and the lawyer does not draw on the former client's confidential information to the client's disadvantage.

Common questions

Q: May a lawyer ask former clients to post Google reviews?

A: Per the opinion, yes. The committee concluded the Rules do not prohibit asking a former client to write a Google review, and that such a request to a former client is not advertising or barred solicitation.

Q: May the lawyer offer a gift card for writing a review?

A: Per the opinion, yes, a nominal gift is permitted, provided the gift is not conditioned on the content of the review and the client is not coerced.

Q: What may the lawyer not do?

A: Per the opinion, the lawyer may not draft the review for the client, may not condition the gift on the review's content, and may not use the former client's confidential information to the client's disadvantage under Rule 1.9(c).

Background and rules framework

The opinion interprets New York Rule 1.0(a) (definition of "advertisement"), Rule 1.6 (confidentiality), Rule 1.9 (duties to former clients), Rule 7.1 (advertising), Rule 7.3 (solicitation), and Rule 8.4(c) (dishonesty). These correspond to ABA Model Rules 1.6, 1.9, 7.1, 7.3, and 8.4. The committee relied on its prior opinions N.Y. State 1052 (2015) and 1221 (2021).

Citations and references

Rules of Professional Conduct:

• New York Rules of Professional Conduct 1.0(a), 1.6, 1.9(c), 7.1, 7.3(a), 8.4(c)

Other opinions cited:

• N.Y. State Opinions 1052 (2015), 1221 (2021)

See also

• NYSBA Ethics Op. 1287: Lawyer as Qui Tam Relator Against a Former Client
• LACBA Ethics Op. 529: Ethical Risks in Using Social Media
• LACBA Ethics Op. 268: A Lawyer's Photo and Biography in an Organization's Advertisement

Source

• Landing page: https://nysba.org/ethics-opinion-1286-requesting-former-clients-to-write-google-reviews/