“Mr. Beaver, your article on how to start a law practice really got my attention. I am also a recent law graduate and was just sworn in as a member of our state’s bar association,” “Nancy” emailed.

“As a few law firms are hiring to Covid-19, I opened my own office, phoned and visited several local attorneys, introducing myself and offering to take on work they did not want to handle.

“Much to my shock, a couple of these lawyers have been spreading untrue statements about me, claiming that I am incompetent and lack real world experience. That’s not true, as I worked as law clerk thoughout law school and handled some matters in court.

“I don’t mind competition, but outright lies are something different! Do you have any recommendations on dealing with this situation, especially if it causes me to lose a client. Should I consider a suit for defamation?”

“Remember Richard Nixon saying I am not a crook”

I ran her question by three friends of this column, Lyle Sussman PhD, Professor Emeritus at the University of Louisville, Kentucky, David Schein, PhD, Associate Dean & Director of Graduate Programs at University of St. Thomas-Houston, and Dr. Luis Vega, Psychology professor at California State University, Bakersfield.

Sussman: The way to launch your private practice is not to march off to court and sue other lawyers for defamation. Where there is no excuse for spreading falsehoods, law is not a profession known for its nice guys. A thick skin goes – or should go – with the territory. Contrast that with health care, where it is rare for physicians to say anything about other doctors.

Nancy’s best defense is to build a reputation for quality legal services, and not call attention to herself with even the threat of a lawsuit. What comes to mind when Richard Nixon’s presidency is mentioned? It is his statement, “I am not a crook,” which translated to, “Oh yes, I am a really big crook!”

Schein: Another reason you really see licensed professionals – for example, lawyers, doctors, CPA’s – filing defamation lawsuits, is the need to prove damages, such as lost business. Nancy would have to show their comments resulted in the loss of clients, unless she was accused of violating the law, where proving a financial loss is not required.

That said, while I could not imagine a lawyer posting a false review of her, if someone in the community did, that would call for immediate action such as:

1 – A letter or online demand that the person remove the post;

2 – An online response firmly denying the accusations, and;

3 – Contacting the website itself, insisting upon the post being removed.

Sussman: Nancy’s focus should be on how to respond if asked her opinion of other lawyers in town. These can be moments where her own credibility gets a real boost by not denigrating her competition. 

You Own Image is Not Helped by Putting down Colleagues

I asked both business Profs for their suggestions on how to respond if a potential client with a big case says, “I’ll also be interviewing the XYZ law firm next week. What is your opinion of them?”  

Schein: Be truthful. If you consider them to be competent and do good work, say so. If you have heard of them but have no personal knowledge of their abilities or reputation, say that as well. But don’t bash them out of fear of losing this potential client.

Sussman: Unless you have actual knowledge they are in trouble, bad mouthing a competitor is a negative reflection on you. It is human nature to have more respect for someone who says, “They are good people,” instead of, “They are jerks. Stay away!” When we attack a competitor, questions about our motivation surface.

A Psychologist’s View

To psychology professor Dr. Luis Vega, “Negative comments and put-downs-why we badmouth someone or gossip-all have biological and psychological roots explaining why we are more likely to find fault instead of praising someone.

“Just ask, ‘What is more important to know, those plants and berries that are safe to eat, or those which will make us sick?” We know the answer, intuitively; negative outcomes outweigh positive.

“The same reasoning applies to reputation. Most people would rather be warned of someone’s dishonesty than led to believe the opposite. When the comments are false, how the victim responds is key to their future credibility.

“We risk our own well-being by seeking vengeance and getting even with those who criticize us unless it is absolutely necessary.” Vega maintains, and concluded our chat with this common sense advice:

“If you are the victim-model and demonstrate good behavior. Highlight your positive side. Do not stoop to their level.” 

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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It might be cute to hear a three-year old sing, “As snug as a bug in a rug,” but there’s nothing cute at all about having your home infested with bed bugs. But that’s what “Rudy” and his family dealt with in July, 2019 when their home became bed bug central.

“A pest control service got the infestation under control, but it was an expensive nightmare,” he explained during our telephone conversation. He had been on the phone to a number of attorneys wanting someone to file suit against the school district for the way a teacher and administrators dealt with his nine year old son who showed up at school with a bed bug on his jacket, the morning of October 8th.

After an absence of about 40 years, bed bugs have made a stunning worldwide return, and while it is rare for schools to become infested, still, in many parts of the country, finding even one bed bug on a student is considered as a public health emergency. All schools that receive federal funds must have extensive “What to do if” contingency plans in effect.

Taken to the Nurse’s Office

“From what my son, David, explained, as he walked into his classroom by the teacher, she spotted a bed bug on his jacket and immediately walked with him to the nurse’s office. While there, his jacket was removed, they lifted his shirt, examined his back and legs for evidence of bites or bugs themselves, but found none. Then, he was brought back to his classroom.”

You are probably thinking, “Thank goodness! That’s what they should have done! Why is the boy’s father upset?” That’s what I thought as well, and asked to speak with his son who also confirmed that everyone was nice to him.

“They all knew that we had bedbugs because I told my friends about the problem at home. It was really exciting!” this very polite, well-spoken nine year-old happily explained.

I Am going to Post the School’s Illegal Behavior!

However dad was furious, threatening to post what he felt was illegal conduct by all the people involved with David and the bed bug. But why? As the boy wasn’t harmed in the least, what had they done that was so wrong?

“They legally had the obligation of calling me first for permission to remove David’s coat or examine him! That’s what! I want a lawyer to sue them, and I’m going to post this on Facebook and other social media sites, listing all the names of those people.”

Well, not so fast, Rudy. In researching his school’s policy for dealing with bedbug issues, while it is required for a parent to be notified at some time, procedure calls for just what happened. They did the right thing. It is a public health concern where time is critical – so these little vampires don’t go looking for a human blood bank.

I asked Rudy if he thought about the consequences of posting what would amount to defamatory statements about these people. “What do you mean, consequences? Like getting them fired?”

“No,” I replied, “like getting yourself sued, creating a problem for your son down the road, and as such a suit would most likely be thrown out of court, still your names would remain out there forever, seen as troublemakers. Want to guess what I am thinking of?”

He had no idea.

Think Over Carefully Before Posting Anything Negative Online

I ran this all too common fact situation by two of our consultants for their evaluations:

— San Francisco-based attorney Richard Lutkus who is among a handful of lawyers in the country whose law practice concentrates on “cyber-security preparedness, data breach response, and data privacy.”

– California licensed private investigators, Riley and Jane Parker, who are the founders of Pre-Employment Profiles, LLC, a service for employers who need to vet would-be applicants.

“By posting false remarks online you are open to being sued for defamation, so assume that you cannot delete them ever. It is out there. Understand that whatever your write can be developed into a profile of who you are,” Lutkus points out, adding, “Just ask yourself–better yet, ask a friend–before posting something when you are angry–especially if it could be false–‘How could this come back and harm me?”

Both Riley and Jane Parker want Rudy to stop and ask, “By posting defamatory comments, or, if you find a lawyer who sues the school, just count on a background search that will have you and your son labeled as trouble. This will impact an employer’s decision to hire you, and could adversely affect your son’s future.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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