Do you have a right not to be indexed?

by Mathew on June 15, 2007 · Comments

From Rob Hyndman’s blog I learned that Avvo — the lawyer-ranking site that was started by a lawyer friend of Stuart MacDonald’s from the old Expedia days — is being sued by a lawyer who doesn’t like the fact that he has been included in the startup’s index. There seem to be a lot of issues at stake here (depending on whom you believe), and several lawyers who have commented either to the media or on the Avvo blog seem to think that the company’s business is somehow unethical and/or illegal.

lawsuit.jpgBut the part that interests me is the argument that Avvo is doing something wrong by ranking lawyers without their permission (not to mention getting things wrong along the way, as a CNet story describes). One commenter on the Avvo blog equates this to being conscripted by the company into modifying his own profile, because not doing so would mean a lower ranking:

“Of course, Avvo welcomes me to correct their misleading post … yes, if I work for Avvo and increase the value of their database, I can correct their misinformation.”

and then:

“Now that’s a great business model: publish very limited (essentially disparaging) information about people that conscripts them into being your researchers and data-entry employees (and do it as a surprise to them)!”

Do people have a right not to be indexed by such a service, or should they have such a right? It’s an interesting question. Avvo uses publicly-available information about lawyers, drawn from attorney associations and other databases, in much the same way that Zillow.com (also started by a former Expedia exec) indexes all the info about houses.

Houses can’t sue, however, nor can homeowners sue because they don’t like the value of their house. Lawyers, as we all know, can sue over just about anything. It will be interesting to see how this one shakes out — and if I was running a site like RateMyTeachers.com, I would be watching closely.

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  • Well, I guess anyone who reviews anything - or maintains a database in which humans or machines compile and store information about a subject - should be interested.

    Eg Wikipedia - not much difference, I would have thought, for this purpose between operating a site that automatically indexes publicly available information about a subject and one that allows third parties to add information about a subject.

    Eg. Google - you may be able to cause the spiders to pass on your own site, but not on other mentions of your name.

    Eg. Globe and Mail restaurant reviews?

    Utlimately, this seems to me to be well-trodden ground, and my gut is that the play is to run through Avvo's cash before it can move to phase 2 of the business model - the revenue generation phase where it tries to position itself as an intermediary in brokering referrals to recommended lawyers. Hence my comment in my post about plaintiff's lawyer's rather obvious attempt to frighten away follow-on round VC financing.
  • My sympathies are with the lawyers on this rare occasion. One of the problems, I think, is that Avvo will not reveal the formula for their rankings. Just browsing the listings, it seemed to me that lawyers early in their career tended to have lower ratings than the veterans. It's one thing to report that a lawyer has only two years experience, for example, but quite another to saddle them with a lower quality ranking, through a secret algorithm, on that basis.
  • note to self - business models involving lawyers....
    bad......
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