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Level 8

Law Firm demanding I remove my review, or will sue me

I stumbled upon being a Local Guide just last year, and love being one -- trying to contribute whenever I have the opportunity. I live in a vacation/resort town, and also run a B&B in the high season, and find that my Google Maps reviews are a great way for my guests to get my personal recommendations when they are visiting my town. I am also a former newspaper restaurant critic, and now a freelance travel writer, and try to do reviews and post photos from my travels, too. In just a few months I have reached Level 8, and by the end of this week, it appears I'm on track to have my photos viewed over 10 million times, which is very exciting!  I write this intro as a way to say I'm not just some random reviewer who has only posted a handful of reviews out of vengeance or something. As I do in my professional writing, I try to write helpful, truthful and detailed reviews, covering things that I would want to know if I were reading or researching a business online.

 

Like many of you have probably experienced, the Google Maps app will often pop up on the phone saying "you were at So-and-So's yesterday, help others and leave a review." If that popup is timely, I will do a review right then and there. But often I don't have the time to do a proper review, so I give it a quick star rating (sort of like bookmarking it), to remind myself to write a review later in the week, when I go back and open up my contributions in the app to do my catch-up and upload photos.

 

Recently I visited a law office, one that I personally have had multiple legal and court experiences with over the last NINE years, to drop off some papers. This is a small firm (5 attys) that I can honestly say does a poor job, in many respects of handling their practice. I can cite easily a dozen instances of procedural or documentation mistakes they've made, and have also personally witnessed the poor as well as unprofessional performance of two of its partners in trial court (I witnessed one have a juvenile temper tantrum where he shook his fists, stomped his feet and ran out of the courtroom!). Shoot, their legal filings are riddled with typos and incorrect tense/ grammar, they use the wrong forms, the list goes on and on. Over the last several years I have literally asked myself how in the world do they stay in business, and how many other cases have they botched?

 

Well, the day after I was recently there, Google Maps popped up and asked me to review, so I left a one star rating, with the full intent to go back a few days later and write a brief but truthful review stating clearly that I was not a client, but have witnessed xyz ... The firm has now tracked me down and demanded that I remove the "review" (even though at this point it's still only the rating, no words/review/content). They have threatened me twice now, by email, stating that they are requesting that Google remove it, and promised they will sue me if I don't remove it by tomorrow, asking the court for damages, along with their legal costs/time and trouble, etc because I am not a client, and therefore have no right to review them. Of course, I disagree, because as long as I have had concrete experience with them, in whatever capacity, I think I should be allowed to write a review stating my experience. (funny, my research says Google will only remove a review if it violates their terms, which this doesn't, because there IS NO content, but also Google is highly unlikely to remove it because it's only the star rating, not even a written review.)

 

So here are my questions:

1) Of course because they are a law firm, it only costs them time, not money to sue me, so I believe they will make good on their threat. I however, don't want to have to pay big money to defend myself. Does anyone have any info (citing Google terms or case law), advice, or experience having to defend themselves for a review? (before I go off and talk to an attorney myself)

2) I still want to write a review, because I really believe people out there should know how sloppy these guys work. I have researched this also (how best to write an online review that WON'T get you sued), and have found two opposing camps of advice: One camp says don't give facts in the review -- only state opinion, because that's not tangible, and I have a right to my opinion. The other side advises to only write facts that I can physically prove, and leave opinion completely out. What should I do?

3) Is there any way to pre-empt these guys today by me notifying Google of their harassment and threat to sue? .. before they even "call Google to have the review removed" (I can hear them now... "Hello, Google? I'm a lawyer and I’d like to speak to someone in charge" )

 

I really, really don't want to give in to their sleazy bullying and just delete the rating, and not write a review... people should be warned! It's precisely stuff like this that shows their true colors. They shouldn't win this. Besides, I am proud of my LG work, and believe that I am a credible asset to the program, along with all of you! I did NOT set out to try to ruin them with this review. I had no idea about their online presence, or knowledge of other online reviews. I just did what I always do... gave an honest and thoughtful opinion, as I have for hundreds of other businesses.

 

Oh yeah, and here's the best part. 😉 They don't have one single other review. Not one. Nada. Of course they have reviews on Lawyers dot com, but none on Google, not surprisingly.

So their Google 'rating average' which shows front and center when you search for their firm, is the one star that I gave them, ha ha.

It's clear to me that they don't even have a clue as to how they can counter my review by one of many things, like responding to me online, or getting other clients to leave enough (supposedly good) reviews to dilute mine, or manage their online presence by setting up a Yelp listing, a Facebook page, etc... or even just getting their webmaster or hiring someone to do some good ol' SEO work so that the first thing you don't see when you Google their firm is that they have a sad one-star rating.

 

Thank you all in advance for any advice.

5 comments
Level 6

Re: Law Firm demanding I remove my review, or will sue me

I will wait for people with the right answer and links to come in and comment. 

 

You should not remove your review! They trying to bully you is just a representation of what their firm is. They could not even reach out and try to find out why you left a bad review and try to make peace. 

 

In my opinion, I do not think they will have a case in court. But still, I will wait for the pros to come in here.

Level 6

Re: Law Firm demanding I remove my review, or will sue me

I feel sorry about your current situation and moreover I'm afraid that I might not be of any particular use here. Business owners takes reviews/ratings seriously because it affects their business activities in both positive and negative way depending on the content of the review or level of rating. In every life circumstances, there is an important lesson to learn and pertaining to the actual scenario, I would say that its about leaving truthful reviews/ratings.

I also believe that it cannot be taken in court but knowing this; "so I left a one star rating, with the full intent to go back a few days later and write a brief but truthful review stating clearly that I was not a client", I would probably comply with them as it wasn't fair for them to receive a 1 star review I guess.

 

@Jbabatunde@TastefulTraveler

Level 8

Re: Law Firm demanding I remove my review, or will sue me

As an ex Policeman I can say you have the right to free and honest speech.

At the moment it is a star and looks as though it is not true so I would add your experiences to the review. When it is there in full they will have no  choice but to either try and get it taken down or leave it. If they continue to send emails go and get a free half hour with a lawyer and check your  rights.

 

I see no reason to remove reviews, I posted one on Google maps and included a picture of the bugs in the hotel room, the chain were that worried I got a free night to compensate me. The review is still in place with the pictures.

 

 

Level 5

Re: Law Firm demanding I remove my review, or will sue me

Hello, I am certain that no attorney is going to post here with legal advice for you, but I would suggest that any "fact" or "opinion" that you post be backed up with hard evidence, not just your say-so. I don't see why you would have any obligation to remove your rating, assuming it's based on your opinion and is not a malicious attempt to harm someone. I suppose you could give the law firm advice on how to improve their rating but, seriously, you don't need to be fixing their problem. You might suggest to them that you are considering posting your reasons for the bad rating, fwiw. It seems that may hurt them more than a random single-star rating. It's unfortunate the attorneys there do not know much about civility. If they had approached you politely, they may have been able to negotiate with you, for example to change your rating to a 3-star. They might have asked you for your reasoning on the 1-star, and considered an appropriate response based on that. I would point out that they haven't actually sued you. I believe it is because they know they have no legal basis. There are consequences for filing frivolous lawsuits. You might also check with the State Bar as to whether an attorney is ethically permitted to threaten you with a lawsuit in order to get you to remove a truthful review. If they continue to harass you, you might report them to their State Bar. Here are examples of some issues you might want to research yourself before consulting an attorney, although if it looks like they're going to make good on their threat to sue then please consult with a qualified attorney: https://www.freshbooks.com/blog/can-you-sue-over-a-bad-review https://www.wfbm.com/stay-informed/can-think-frivolous-lawsuit-filed-part/ "...“anti-SLAPP” motion, which is a type of motion to strike, that may be brought at the outset of a lawsuit. It is authorized by code (California Code of Civil Procedure § 425.16), when the defendant believes that the lawsuit is intended “primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for the redress of grievances.”" https://www.quora.com/Do-you-have-recourse-when-someone-files-a-frivolous-civil-lawsuit-against-you This is interesting: https://www.washingtonpost.com/news/business/wp/2017/12/20/a-hotel-punished-guests-for-bad-reviews-w...
Level 8

Re: Law Firm demanding I remove my review, or will sue me


@McJason wrote:

I also believe that it cannot be taken in court but knowing this; "so I left a one star rating, with the full intent to go back a few days later and write a brief but truthful review stating clearly that I was not a client", I would probably comply with them as it wasn't fair for them to receive a 1 star review I guess.

 

I don't understand your logic? Why is my opinion "not fair?"  

If I go in a restaurant and order a burger that tastes terrible, I should be able to review that burger, but not the chicken, right? because I didn't try the chicken but I did eat the burger. I shouldn't and wouldn't mention if the bathroom were dirty or clean, unless I visited it. I should certainly be able to state my opinion of that which I have experienced.  Likewise, if I think a grocery store has high prices, I can state that, even if I don't buy all the groceries, but only see their posted prices. How is my experience different or not fair?

 

I think they DO deserve a one star rating, and I fully intended to write the review last week, but have now only temporarily held off because of their threat. I was about to write it today, but got the second nasty email, again demanding that I remove the "review" (even though at this point it is only a rating).

 

I am asking for advice as to whether to write opinion "In my experience, this practice does not conduct itself in a professional manner, it takes lazy shortcuts, and makes inexcusable mistake, which could possibly put their clients at legal or financial risk or worse."

-OR-

write the facts "I have witnessed unprofessional behavior such as temper tantrums by the principles both in and out of court; their staff has made lazy errors by using boilerplate commercial documents instead of properly customized personal/residential docs; they have made improper or out of order court filings; and I have a stack of legal documents produced by their practice that has legal errors, typos, names/addresses wrong, mathematical errors, and even letters sent to deceased people."

 

Or maybe in my review I should include the fact that they are threatening me?