My reasons for these
conclusions are two-fold:
1.) If a lawyer solicits his or
her client to post a testimonial, it violates the attorney's duty to
place the client's interests above those of the attorney, and it also
creates an impermissible conflict of interest. Furthermore, soliciting a
client to post an endorsement creates the danger of exposing
attorney-client privileged information and the confidences and secrets
of the client. It is a deplorable practice.
An attorney is in a position of control
over a very important part of the client's life. Any attorney who
solicits a client to post an endorsement is taking advantage of the
attorney-client relationship for that attorney's own personal benefit.
It creates a real conflict of interest with the client by making the
testimonial an implicit conditon of the attorney's best efforts for the
client.
What client would want to retain an attorney with the idea
that later he or she would be pressed to make a public testimonial on
the attorney's behalf? Would you?
2.) Even more disturbing, it is far
too easy for unscrupulous lawyers to post fake endorsements on the
Internet and misrepresent them as genuine "Client Testimonials."
Since attorneys must maintain the
confidentiality of the client's case, a dishonest lawyer could post
phoney "client testimonials," listing only the first name of the client
(if indeed the named-client exists at all). The lawyer could then
hide behind the shield of attorney-client privilege if a new client
wishes to verify the endorsement. It is a near-perfect scam, seldom if
ever investigated by the State Bar.
When you read some of the so-called
"testimonials" posted on various attorneys' websites, you may get the
uneasy feeling that they are just too good to be true, and you know what
that means.
If you have been referred to me by another
client, that's all the testimonial I need.
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EXISTS UNTIL YOU HAVE ENTERED INTO A FORMAL RETAINER AGREEMENT WITH
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