CAVEAT EMPTOR — THE MISLEADING NATURE OF ON-LINE REVIEWS AND WEBSITE CLAIMS

The California State Bar has issued a formal opinion about misleading representations by attorneys on their websites and blogs (Formal Opinion Interim No. 12-0006) and the reason is that too many lawyers are making claims that have no basis in reality.

Some claim to be recognized as one of the “Top 100 Trial Lawyers In America” but fail to mention that they simply paid $375.00 for the logo and trophy and did nothing to earn the purported distinction. Another popular one is that they train with the National College for DUI Defense (NCDD) when they have not attended one of its seminars in more than a decade. Others assert 20-plus years of experience even though their admittance date to the California State Bar was just five years ago (experience in what, you might ask?). Perhaps one of the most misleading website features is the rolling list of trial victories and DMV “set aside” orders on license suspension actions—without an appropriate disclaimer these assertions are unethical and subject to disciplinary action.

In addition to misleading websites, there is the related problem of false and embellished reviews on AVVO and YELP. Too many inexperienced attorneys have worked themselves up to a 10.0 rating by stacking the deck with an unrealistic number of five star reviews (50 or more in many instances). The reality is that most DUI clients are embarrassed about their arrest and want things kept as confidential as possible—except in unusual circumstances, they don’t just go to AVVO and write an on-line review unless they are solicited to do so. In other instances the reviews are just fake. With YELP, a review can be informative but it can also be the product of a friend just writing something real glowing, or a miscreant trying to sabotage a competitor.

If you are seeking an experienced, California DUI defense lawyer, do not be afraid to ask direct questions about actual experience and training, NCDD Board-Certification in DUI Defense, and whether the lawyer you are engaging will be handling all aspects of your case. Look behind the curtain—you deserve honest answers and a straight talking attorney.

I am Paul Burglin and I am an NCDD Board-Certified DUI Defense lawyer (as recognized by the American Bar Association).

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ON-LINE REVIEWS AND WEBSITE CLAIMS

Posted by Paul Burglin on Tue, Feb 24, 2015

      Allow me to share with you some insight about on-line reviews and website claims in the field of DUI and DMV defense.

      Inexperienced attorneys are more tech savvy than veteran lawyers---the latter got their degrees and began practicing law before computers and I-Pads were in existence.  Young attorneys learned how to use these things in grade school, and then got training in College on how to utilize these tools for marketing purposes.  Because the business of a new lawyer is slow owing to lack of experience, reputation and referrals, they also have the time it takes to get family and friends to write favorable reviews and load their websites with the words and links that boost their organic ranking on search engines.

      Let’s start with AVVO.  When you see an attorney with 40, 80, or 100-plus client reviews on AVVO, understand that the attorney has undoubtedly solicited reviews.  I have represented more than 4000 clients in my career, but I do not solicit reviews because I believe it is unseemly to ask clients to talk about confidential matters unless they want to.

      YELP can be a source of good information about a customer experience, but it can also be the product of an unscrupulous competitor trying to damage someone’s reputation. 

       Read reviews carefully:  Examine similar writing styles and look for clusters in terms of the dates reviews were posted (two or more on the same date, or even in the same week, are suspicious).  If you see a negative review on YELP, look at other reviews the same individual has written.

      Finally, a word about websites.  It is appalling how many misrepresentations and misleading statements are found on DUI attorney websites.  The California State Bar recently issued an opinion concerning Professional Responsibility And Conduct relating to websites and internet advertising (Formal Opinion Interim No. 12-0006).  I have seen attorneys with less than five years of experience claiming to have 20-plus years of experience. Some law firms claim 40 years of combined experience but fail to tell you that one lawyer has 36 years and the four associates have only a year of experience handling the cases. You can verify experience discipline records at http://members.calbar.ca.gov/fal/MemberSearch/QuickSearch.

      A lot of attorneys have a rolling list of victories in Superior Court and at the California Department of Motor Vehicles (DMV) on their website, but without any way for one to verify the claim and no disclaimer as required by the State Bar rules.  When you talk to an attorney, look for candor and straight talk. 

Have you been charged with a DUI San Francisco, DUI Marin, DUI Sonoma or DUI Napa? Paul Burglin is a Board Certified in DUI Defense San Francisco Bay area attorney who for over 25 years has specialized in drunk driving defense in San Francisco, Marin, Sonoma, Napa and surrounding communities. He is also the co-author of "California Drunk Driving Law"

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