Arizona law firm Chills a Client’s Right to File an Honest Review

I had a call from someone who hired an Arizona firm to file a bankruptcy, and they were required to sign a retainer that included a Non-Disparagement clause (see below). That language says that the client is not allowed to file an honest review about the attorney or others in the firm. This was the first time I have seen this type clause in any attorneys’ retainer agreement. But then I don’t hang out with bad attorneys. I posted a warning so people knew this clause was unusual in my experience. The attorney who included that non-disparagement language in their retainer agreement contacted me demanding that I remove the attorney’s and firm’s names from my post. The attorney admitted “less than one percent (1%) of the (name deleted) Law’s engagement agreements contain any such provision.” Even if you believe that statement is true, it is still used by an attorney to inhibit a client’s rights.

Even though I have a right to post something that is true and honest, I am not going to give this attorney any power or waste any more of my time, so I removed the attorney’s and law firm’s names.

Never Hire Someone Who Starts the Relationship by Chilling Your Rights to Complain About Their Services.

The law firm’s retainer included this language:

14. NON-DISPARAGEMENT. Client agrees that they will do nothing to disparage (name deleted) Law its people, services or products, either professionally or personally via the Internet including, without limitation, on Yelp, Google, Yellow Pages, Yahoo, Better Business Bureau, Ripoff Report, Facebook, LinkedIn, or similar electronic media. For purposes of this Section, “disparage” shall mean any statements, reviews, comments, or feedback by or at the direction of Client, regarding (name deleted) Law Its services, communications, pricing, people or products which is intended, or would reasonably be expected, to cast (name deleted) Law its people, services or products in a negative light, regardless of whether the Client might reasonably believe such information to be true. The parties to this Agreement agree and acknowledge that this non-disparagement provision is a material term of this Agreement, the absence of which would have resulted in (name deleted) Law refusing to enter into this Agreement. Notwithstanding the foregoing, Client may provide information or answer questions as required by a valid court order or subpoena and communicate freely about (name deleted) Law with the Courts, US Trustee, Court appointed Trustee, State Bar and prosecutors, as well as with Client’s own attorneys.

As a good attorney, I would never include a non-disparagement clause in my retainer agreement or communicate that policy to my clients.

A good attorney does their best to take care of their clients. They do not start their relationship by saying their client cannot speak out about truthful issues.

As a good attorney, I would never instruct my clients to contact the court for information that I have a professional duty to provide.

Case Status and Court Filing Fees:

If you have questions regarding your filed bankruptcy case status, hearing dates, court filing fees, or payments, please contact the courts directly at 602-682-4000 (Option 0).

Filing for bankruptcy is challenging enough for someone who does not know the law, process, or responsibilities. But that client’s own attorney should be their advocate and guide.

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Note from Diane: I have practiced law since 1985 and have seen some awful Arizona consumer bankruptcy attorneys, many of whom I have helped get disbarred. As soon as we bring one to justice, another shows up.

IMPORTANT TO KNOW: Never sign anything without reading it. Never sign anything you don’t understand or agree with.

There are excellent lawyers who care more about their clients’ rights than their pocketbook. Don’t settle for less than you deserve.