Skip to content
MS-Logo-UP
Client Reviews

1.800.481.2180

  • Contact Us
  • Home
  • Blog
  • What We Do
    • Business Compliance Services
    • Business & Contracts
      • Choosing a Business Lawyer for NC Corporations and Other Small Business
      • The Number One Problem for Small Limited Liability Companies
      • How To Dissolve a Corporation in North Carolina?
      • 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 2) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 3) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 4) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 5) 5 Considerations as to Your Business’ Negative Internet Review
      • Are Negative Reviews Really Bad for Business?
    • Limited Liability Company
      • Your New LLC – Part 1: The Basics
      • New LLC: Maintaining Limited Liability Protection
      • Your New LLC – Part 3: Federal, State and Local Registration, Licensing and Permitting
      • “Your New LLC” – Part 4: Transacting Business in Another State
      • “Your New LLC” – Part 5: Moving Your LLC to Another State
    • Mortgage & Foreclosure
      • Hearing Results
      • Mortgage Problems – Should You Trust Your Lender or Loan Servicer?
      • When to Hire an Attorney for Foreclosure and Mortgage Relief
      • Mortgage Loans: Recourse versus Non-Recourse and Foreclosure Related Deficiency Judgments
      • Negotiating with a Bank: Why do I have to Provide My Financials?
      • Can the HOA (Homeowners’ Association) Foreclose on my Home?
    • Real Estate Cases
      • Breach of NC Real Estate Purchase Contract – Buyer’s Damages in NorthCarolina
      • Private Mortgage Insurance (PMI) – What is the Borrower Really Paying for?
    • Real Estate Closings
    • Disputes & Lawsuits
      • Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 1)
      • Business Contracts: What Should Yours Say Regarding Recovering Attorneys’ Fees in Case of Dispute? (Part 2)
      • Arbitration versus Mediation
      • Responding to a Lawsuit Complaint
    • Tax & IRS Matters
      • S-Corp Tax Election for LLC
      • Comparison of Subchapter K v. Subchapter S
      • Employment Tax Considerations in Starting a Business
      • Is your Worker an Independent Contractor? (The IRS Cares!)
    • Wills, Trusts & Estate Planning
      • Congrats, You’ve Inherited a Mess
      • When Should I Write a Will?
      • Top 5 Reasons to Change Your Will
    • Prenuptial Agreements
      • Recently Engaged? 5 Reasons Why You Should Consider A Prenup
    • Other Practice Areas
      • Indemnification in Contracts: What if Both Parties Are at Fault?
      • Indemnification in Contracts: Should You at Least Have to be Guilty as Charged?
      • Venue Clauses in Contracts – Beware Listing Only the County and State
    • Limited Scope Services
      • Arbitration Agreement: How to Get to Arbitration if A Lawsuit Was Filed First
      • Follow the Contract’s Arbitration Clause or File a Lawsuit?
      • Arbitration: setting the rules and identifying which arbitration organization will be used
      • Why does your Corporation or Company Need a Registered Agent?
  • Who We Are
    • Jason A. McGrath
    • James M. Spielberger
    • Kelly J. Brown
    • Todd E. Gonyer
    • Trent Grissom
  • Where We Practice
  • Client Services
    • Helpful Resources
    • News & Updates
  • Consultations
    • About McGrath & Spielberger’s Intake Form

Category: Life and the Law

Are Negative Reviews Really Bad for Business?

Posted on September 23, 2014April 25, 2022 by g83js92js91
Categories: business, Life and the Law, Social Media
Can an unfavorable review impact your business?

If properly handled, negative reviews can provide a business with an opportunity to actually boost its reputation.

With the surge of digital media and the growing use of social media, it has become extremely easy for both businesses and consumers to reach a captive worldwide audience at little to no time or expense.  Social media has helped drive many protests, actions in support, and boycotts in just a small amount of time.  This ease of access and use of social media could severely damage a business’ livelihood if the reviews or messages are negative and not addressed appropriately.

There are several considerations that should be made when deciding whether to respond to a negative review.  For instance,

    1. Does the review contain opinion, “facts,” or both?

 

    1. Whether to contact the person who wrote the negative review.

 

    1. Communicating with the company or website which hosts or published the troublesome response.

 

    1. Publicly responding to negative online reviews.

 

  1. Turn a negative into a positive, or at least an opportunity.

Another consideration offered by Yelp when deciding whether to respond is to determine if the review contains constructive criticism or is just undeniably negative.  The appropriate response for the business depends on this classification.  If the review is extremely negative and uses colorful language, it may be best to be left alone as nothing constructive could arise when emotions are involved.  When emotions are involved it will be difficult to change the person’s mind or sufficiently correct – in their subjective eyes – the problem.

Customer Service Feedback1 228x300 1

It is also important to look at reviews of other customers.  If there are more positive reviews than negative, the negative may not affect whether a future customer decides to purchase the business’ product or service.  For example, when I am deciding whether to make a purchase, I examine the online reviews.  I look to both negative and positive reviews but I only give sufficient credibility to those reviews that provide constructive feedback instead of generalizations because I want to know if the reviewers’ standards are similar to my own.  Further, some persons are suspicious of any business which has, for example, 20 reviews, all of which are positive, or all of which are “5 out of 5 stars” – that does not seem realistic to many of us.

Once the business determines that the review warrants a response, then a very effective way to neutralize the negativity is to publicly respond to the review.  A public response shows that the business is concerned that the customer was not completely satisfied with the purchase and would like to remedy the situation.  This will show other present and future consumers that the business cares about customer satisfaction and is willing to go to significant efforts to remedy any dissatisfaction.  It also shows that the business knows about the deficiency and the deficiency should be remedied going forward.

In the public response, the business should never get defensive or place blame because no one is perfect and it is impossible to satisfy everyone.  There is always going to be criticism, it is how the business handles the criticism that affects its reputation and possibly its bottom line as well.  Reaching out and offering solutions to customers is a way to not only boost customer satisfaction but it is a way to boost brand loyalty and neutralize any negative reviews.

Additionally, to facilitate helpful reviews, the business could provide discounts, rewards, or other benefits to the reviewers that provide the most comprehensive or helpful information which may benefit future purchasers in making buying decisions.  One way that a business that I have dealt with personally has succeeded in encouraging reviews is by providing the product along with a free sample of other products they supply.  Then, they sent a separate request and asked that I provide an online review and if I was dissatisfied to contact the business immediately so that any problems could be resolved expediently.

All in all, the best way to respond to a negative is with something positive.  There is an old saying which states that “you can attract more flies with honey than vinegar.”  That rings true not only when trying to convince someone to do the things you want them to do, but also to neutralize negative experiences.  The best form of advertising is personal experience and word of mouth (whether verbal or via the internet).  If you can turn someone’s negative personal experience into a positive by remedying the situation, you may have just turned a loss into a gain.

Posted in business, Life and the Law, Social Media

We’ve heard of Freddie Mac; what is it?

Posted on December 28, 2011 by g83js92js91
Categories: florida, georgia, Government, homeowner, Life and the Law, loan, mortgage, North Carolina, Ohio, south carolina, Tennessee
Freddie Mac was created by the United States Congress in 1970. Its publicly stated mission is to stabilize the nation’s residential mortgage markets and expand opportunities for homeownership and affordable rental housing. Under Federal law, Freddie Mac’s mission is to:

  1. provide stability in the secondary market for residential mortgages;
  2. respond appropriately to the private capital market;
  3. provide ongoing assistance to the secondary market for residential mortgages (including for lower income families); and
  4. to promote access to mortgage credit.

Freddie Mac does not loan money to would-be property owners the way that banks do. Rather, it participates in the secondary mortgage market by purchasing mortgage loans and mortgage-related securities for investment and by issuing guaranteed mortgage-related securities. The secondary mortgage market consists of institutions engaged in buying and selling mortgages in the form of whole loans (i.e., mortgages that have not been securitized) and mortgage-related securities.

Due to the housing/mortgage crisis in America, Freddie Mac currently focuses on “meeting the urgent liquidity needs of the U.S. residential mortgage market, lowering costs for borrowers and supporting the recovery of the housing market and U.S. economy.” Specifically, Freddie Mac states that it is working toward reducing the number of foreclosures; making homeownership and rental housing more affordable; and helping families keep their homes.

McGrath & Spielberger, PLLC provides assistance to borrowers in need of mortgage relief services, such as mortgage loan modification, foreclosure negotiation, refinancing, and deed-in-lieu or other negotiated settlement resolutions. These professional services may include dealing with mortgage loans owned or securitized by Freddie Mac.

Contracts Mt Pleasant SC  –  Contracts Charlotte NC
Posted in florida, georgia, Government, homeowner, Life and the Law, loan, mortgage, North Carolina, Ohio, south carolina, Tennessee

We’ve heard of Fannie Mae; what, exactly, is it?

Posted on December 23, 2011 by g83js92js91
Categories: Collections, Credit, Debt, florida, georgia, Government, homeowner, Life and the Law, loan, mortgage, North Carolina, Ohio, south carolina, Tennessee
Fannie Mae was created by the United States Congress in 1938 to support liquidity, stability, and affordability in the secondary mortgage market, where existing mortgage-related assets are purchased and sold. Fannie Mae itself has stated that it has “a mission to expand affordable housing”.

Fannie Mae does not originate loans or lend money directly to consumers in the primary mortgage market because Federal law prevents it from doing so. However, it does purchase mortgage loans and mortgage-related securities. In other words, while you can’t get a loan from Fannie Mae, Fannie Mae might end up owning your mortgage loan.

Fannie Mae also often securitizes mortgage loans originated by lenders into Fannie Mae mortgage-backed securities (called Fannie Mae MBS)  and makes other investments which are intended to increase the supply of affordable housing.

McGrath & Spielberger, PLLC provides assistance to borrowers in need of mortgage relief services, such as mortgage loan modification, foreclosure negotiation, refinancing, and deed-in-lieu or other negotiated settlement resolutions. These professional services may include dealing with mortgage loans owned or securitized by Fannie Mae.

Foreclosure Charlotte NC – Real Estate Charlotte NC – Contracts Mt Pleasant SC
Posted in Collections, Credit, Debt, florida, georgia, Government, homeowner, Life and the Law, loan, mortgage, North Carolina, Ohio, south carolina, Tennessee

To Kill a Mockingbird: did Atticus Finch get his client killed?

Posted on February 28, 2011 by g83js92js91
Categories: atticus finch, Civil Rights, lawyers, Life and the Law, malpractice, practice of law, race, The Legal Profession, to kill a mockingbird
Click here to read the actual NC Bar Journal Article – See page 12.
North Carolina Bar Journal, Spring, 2011

Did Atticus Finch Commit Malpractice? Did he get his client killed?

BY JASON A. MCGRATH, Esquire

On November 21, 1935, Tom Robinson raped 19-year-old Mayella Violet Ewell. So said the Maycomb County, Alabama jury, as written by Harper Lee in the classic novel To Kill a Mockingbird. Despite an admirable defense by court-appointed attorney Atticus Finch, Tom Robinson was convicted and sentenced to death by a jury which was most definitely not made up of his peers.

The book strongly implies that Mr. Robinson was innocent, that the primary prosecution witnesses lied throughout the trial, and that it was only Mr. Finch’s valiant efforts and relationship with the community which caused the jury to hesitate at all before the unfair conviction. What if, however, Atticus in fact made a terrible mistake during trial which eliminated any small chance his client had of acquittal, any chance of avoiding death?

Although I’m a fairly voracious reader for pleasure, I’d never gotten around to reading To Kill a Mockingbird. However, one recent weekend, desperately in need of a break from contract review and liability analysis, I grabbed it from the coffee table where my wife had deposited it a few days earlier. I’d never read a review or summary of the book (nor have I yet), but was still vaguely aware that it featured a lawyer named Atticus, a rape or murder, and a racial controversy. This makes it even more unlikely that I ended up reading the book, as I tend to avoid stories about lawyers, who in books and movies are almost always far too perfectly successful, far too naive, or far too evil to be realistic.

I grew up in an environment very dissimilar to Maycomb; nobody would confuse south Florida with south Alabama. Now that I’ve moved to North Carolina, however, explorations of southern culture seem more appropriate. Plus at least half of those running for judgeships and other positions within the justice system here seem to claim To Kill a Mockingbird as their favorite book. Thus I came to read it, in three different sittings within 36 hours. I enjoyed it, but I was at first puzzled, and then dismayed at the way the trial went, and not just due to the unjust outcome. I’ve litigated many cases, including sex crimes, violent felonies, wrongful death cases, business controversies, mortgage disputes, etc., and I just couldn’t fathom what happened — or rather didn’t happen. What went wrong, Atticus?

Toward the end of the trial, the father of the alleged victim, a disreputable white man named Bob Ewell, took the stand after being called by the prosecution. He described what he witnessed the night of November 21, 1935 as he returned home from the woods. “[J]ust as I got to the fence I heard Mayella screamin’ like a stuck hog inside the house—.” Mr. Ewell went on to point to the defendant, Tom Robinson, who was seated next to his attorney, Atticus Finch, and to exclaim, “I run up to th’ window and I seen…I seen that black nigger yonder ruttin’ on my Mayella!” The language used and the events described caused a disturbance in the packed courtroom.

Minutes later, Mr. Ewell’s testimony continued with a question by the prosecutor. “Mr. Ewell, did you see the defendant having sexual intercourse with your daughter?” The witness answered with certainty, “Yes I did,” and then stated that he had a clear view of the room as his daughter was being raped by the defendant. Finally, the angry father confirmed, “I sawed who he was, all right.”

Upon cross-examination, Atticus Finch established several points, the key being that Mr. Ewell was left-handed. This was potentially relevant, as other evidence showed or implied that Mr. Ewell was a mean and perhaps abusive drunk, and that his daughter’s injuries were largely on her right side — and thus arguably inflicted by a left-handed attacker.

The next witness to be called was the alleged victim herself, Mayella Violet Ewell. Other than being a member of the unpopular Ewell family, there was no indication in the book that Mayella herself was particularly disliked. Rather, she was presented as a young woman born into an unfortunate situation; into a family with no means, no motivation, and no role models.

Mayella agreed that she’d peripherally known the defendant for years, as they were neighbors. She testified that on November 21, Tom Robinson had been walking by her home when she asked him to assist her in chopping an old piece of furniture up to be used as firewood. Instead of helping her as asked, however, he attacked and raped her. “[A]n ‘fore I knew it he was on me….He got me round the neck, cussin’ me an’ sayin’ dirt—I fought’n’hollered, but he had me round the neck. He hit me agin an’ agin—.” “Then what happened?” the young Ms. Ewell was asked. She replied, “I don’t remember too good, but the next thing I know Papa was in the room a’standin’ over me hollerin’ who done it, who done it? Then I sorta fainted an’ the next thing I knew Mr. Tate was pullin’ me up offa the floor and leadin’ me to the water bucket.” (Mr. Tate was the sheriff.)

Tom Robinson later testified, denied that he had committed any type of crime or improper action, and reluctantly explained that it was he who had fended off Mayella’s sudden advances. Atticus Finch demonstrated to the jury that Mr. Robinson had a particular physical impairment of his left arm and hand, which made it less likely that he could have carried out the attack as described. During closing arguments, Mr. Finch emphasized to the jury that the evidence of guilt was unreliable, and implored the jurors not to assume guilt merely because of the color of the defendant’s skin. He also commented, “Her father saw it, and the defendant has testified as to his remarks. What did her father do? We don’t know, but there is circumstantial evidence to indicate that Mayella Ewell was beaten savagely by someone who led almost exclusively with his left.” Despite Mr. Finch’s efforts, Tom Robinson was found guilty after perhaps six hours of jury deliberations.

At first, I expected Atticus to pounce on it during cross-examination of Mayella, for that would be what most lawyers would do. However, some lawyers (this writer being one of them) prefer not to emphasize such “gotcha!” testimony during cross, but rather save it for closing argument. (Why bring it up during cross, which only gives the opposition the opportunity to try to completely correct the problem or at least minimize the damage with additional evidence?) Thus, I thought “Ahhh, the wise Atticus Finch will keep this nugget in his pocket, polishing and savoring it until the moment is absolutely right, until the jury is hanging on his every word, his every motion. Of course!” Although it was one o’clock a.m. when I read this part of the book, I folded page 206 in order to mark it, the way I’d have asked a court reporter to mark a piece of testimony during a real trial. I then read through closing arguments before going to sleep, a sleep literally troubled by what turned out to be missing from Atticus’ closing argument.

The next morning, I explained my thinking to my wife. She looked at me, trying to determine if I was actually being clever (for a change) or if I mistakenly thought I was being clever. Eventually she nodded in agreement, and her face took an expression of slightly puzzled thoughtfulness as she subconsciously continued to nod her head ever so slightly up and down.

Perhaps some of you reading this knew where I was going before you read more than a sentence of two of this commentary. Others may have picked up on it a few hundred words ago, while some of you, appreciated readers, are still waiting to hear what, to me, seems a blatant and damning error by the esteemed Atticus Finch. Well, let’s get to it.

Bob Ewell testified very clearly that he saw Tom Robinson attacking and raping his daughter. Further, he then watched as Mr. Robinson, his long-time neighbor, exited the Ewell house and ran off. We have Mr. Ewell’s own words that he “sawed who it was” and we know that he pointed to the defendant when he exclaimed, from the witness stand, “I seen that black nigger yonder ruttin’ on my Mayella!” That’s a perfectly straight forward and positive, first person, eyewitness identification, offensive language notwithstanding.

However, what did Mayella Ewell testify regarding her father and his words and actions at the time of the alleged crime? She made a general statement that she didn’t “remember too good” what happened immediately after the rape, but then testified with specificity as to what she did remember. “[B]ut the next thing I know Papa was in the room a’standin’ over me hollerin’ who done it, who done it?” (emphasis added)

That question mark means everything here. The father, who testified so emphatically that he was an eyewitness to the defendant’s rape of his daughter, was reportedly yelling and asking that very daughter who had raped her. This could have been, should have been, the moment, or at least should have led to the moment of the trial. The “gotcha” moment, the “now we all know you’re a liar” moment, the “not even you, ever-suspect jurors, can now mess this up” moment. Yet somehow, it was not. Atticus Finch missed the key bit of testimony and its significance. The otherwise competent, even inspiring, country lawyer let his client down and, we may even feel, let us down.

The Finch’s neighbor, Miss Maudie, reflected that it was impressive that Atticus had at least given the all-white, biased jury reason to pause on its way to unfairly convicting the defendant. “And I thought to myself, well, we’re making a step – it’s just a baby step, but it’s a step.” Well said, but under further consideration, we may be left to wonder if that baby step could have or should have been a leap.

I still can’t decide if I like Atticus Finch more now than I would had he been better, had he pulled off the miracle. At least he wasn’t perfect, as we surely are not. I dare say we are no better than Mr. Finch was, and we should remain thankful for him, stunning error and all.

Jason A. McGrath, along with Attorney Jim Spielberger, owns McGrath & Spielberger, PLLC, a small firm with a large geographical reach.  He spent five years as a criminal prosecutor, followed by eight years as a litigator in a private firm in which he was a partner. Mr. McGrath now focuses on business law matters (including disputes), and mortgage dispute / foreclosure cases. The Firm overall also handles tax issues, estate planning matters, and various other types of cases.  ⏹

https://www.ncbar.gov/media/121077/journal-16-1.pdf#page=6&zoom=page-fit,-323,792

Posted in atticus finch, Civil Rights, lawyers, Life and the Law, malpractice, practice of law, race, The Legal Profession, to kill a mockingbird

Posts navigation

Newer posts

Categories

Recent Posts

  • Business Ownership Deals (Part 6 of Series): How Many Different Attorneys Need To Be Involved?
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs – Part 5, Filings With The Secretary Of State
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs – Part 4, Operating Agreement (“OA”) Changes
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs – Part 3, The Company Resolution
  • Business Ownership Deals: Buying And Selling (Transferring) Membership Interests In LLCs (Part 2)

McGrath & Spielberger, PLLC

Tweets by JasonMcGrathLaw

Sitemap

  • Contact Us
  • Home
  • Who We Are
  • Where We Practice
  • Consultations
  • Blog

What We Do

  • Business & Contract Law
  • Limited Liability Company
  • Mortgage & Foreclosure
  • Real Estate Cases
  • Disputes & Lawsuits
  • Tax & IRS Matters
  • Wills, Trusts & Estate Planning
  • Prenuptial Agreements
  • Other Practice Areas
  • Business Compliance Services

Location

Directions

Contact Us

7300 Carmel Executive Park Drive, Suite 300, Charlotte, NC 28226

info@mcgrathspielberger.com

1.800.481.2180


fb


tw


yt


ld

google

The attorneys responsible for this website are Jason McGrath and Jim Spielberger. At least some of the content of this website may be considered attorney advertising in some jurisdictions. For information about our website privacy policy and terms and conditions, please click here.

Attorney Website Design, Legal Search Engine Optimizations and Lawyer Online Advertising by Leads Online Marketing Services.