Lawyer Asks: What Do I Do When Other Lawyers Falsely Bash Me?
It’s natural to want to defend yourself from false claims, but a defamation lawsuit isn’t the way to go in this case, three experts advise. Here’s why, and what to do instead.


“Mr. Beaver, your article on how not 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 few law firms are hiring due 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 any real world legal experience. That’s not true, as I worked as a law clerk throughout law school and handled some matters in court.

Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
“I don’t mind competition, but outright lies are something different! Do you have any recommendation 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 Ph.D., professor emeritus at the University of Louisville, Kentucky, David Schein, Ph.D., associate dean and 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. While 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 negative 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 rarely see licensed professionals — for example, lawyers, doctors, CPAs — 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:
- A letter or online demand that the person remove the post.
- An online response firmly denying the accusations.
- 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.
Your Own Image is Not Helped by Putting down Colleagues
I asked both business professors 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 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 bad-mouth 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 commonsense advice:
“If you are the victim, model and demonstrate good behavior. Highlight your positive side. Do not stoop to their level.”
Profit and prosper with the best of Kiplinger's advice on investing, taxes, retirement, personal finance and much more. Delivered daily. Enter your email in the box and click Sign Me Up.

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, "You and the Law." Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."
-
If You'd Put $1,000 Into Berkshire Hathaway Stock 20 Years Ago, Here's What You'd Have Today
Berkshire Hathaway is a long-time market beater, but the easy money in BRK.B has already been made.
-
New SALT Cap Deduction: Unlock Massive Tax Savings with Non-Grantor Trusts
The One Big Beautiful Bill Act's increase of the state and local tax (SALT) deduction cap creates an opportunity to use multiple non-grantor trusts to maximize deductions and enhance estate planning.
-
New SALT Cap Deduction: Unlock Massive Tax Savings with Non-Grantor Trusts
The One Big Beautiful Bill Act's increase of the state and local tax (SALT) deduction cap creates an opportunity to use multiple non-grantor trusts to maximize deductions and enhance estate planning.
-
Know Your ABDs? A Beginner's Guide to Medicare Basics
Medicare is an alphabet soup — and the rules can be just as confusing as the terminology. Conquer the system with this beginner's guide to Parts A, B and D.
-
I'm an Investment Adviser: Why Playing Defense Can Win the Investing Game
Chasing large returns through gold and other alternative investments might be thrilling, but playing defensive 'small ball' with your investments can be a winning formula.
-
Five Big Beautiful Bill Changes and How Wealthy Retirees Can Benefit
Here's how wealthy retirees can plan for the changes in the new tax legislation, including what it means for tax rates, the SALT cap, charitable giving, estate taxes and other deductions and credits.
-
Portfolio Manager Busts Five Myths About International Investing
These common misconceptions lead many investors to overlook international markets, but embracing global diversification can enhance portfolio resilience and unlock long-term growth.
-
I'm a Financial Planner: Here Are Five Smart Moves for DIY Investors
You'll go further as a DIY investor with a solid game plan. Here are five tips to help you put together a strategy you can rely on over the years to come.
-
Neglecting Car Maintenance Could Cost You More Than a Repair, Especially in the Summer
Worn, underinflated tires and other degraded car parts can fail in extreme heat, causing accidents. If your employer is ignoring needed repairs on company cars, there's something employees can do.
-
'Drivers License': A Wealth Strategist Helps Gen Z Hit the Road
From student loan debt to a changing job market, this generation has some potholes to navigate. But with those challenges come opportunities.