Employment Partner Jo Mackie comments on social media policies for law firms, as well as the reputational considerations involved in lawyers’ social media use, in BCL Legal’s ‘The Brief’.
Jo’s comments were published in BCL Legal’s ‘The Brief’, 15 January 2025.
“Social media can blur the distinction between personal and professional lives. For law firms this means social media policies are a necessity for navigating this hazardous landscape, balancing personal freedom with professional responsibility.
“The social media policy is the framework for all employees to manage their activity on social media. The goal is to set expectations for appropriate behaviour and minimise the firm’s exposure to legal issues, ethical breaches, or public embarrassment. Individuals need to be aware of the ease of finding out who an individual works for on social media (even if it’s not identified expressly such as on Facebook). The upshot of that is individuals must be wary of posting anything that is inflammatory as this can be linked to the firm.
“Law firms need to be wary of being linked to groups that have controversial views. While we hope lawyers understand their own responsibilities, it is not always the case and law firms have suffered from a loss of client business associated with extreme views expressed by lawyers who think their social media is not linked to their job.
“Lawyers are legally and ethically obligated to maintain client confidentiality. In addition, disclosing confidential information about a client or legal matter would cause most firms to suffer a huge reputational hit. Therefore, a firm’s social media policy should prohibit any social media posts containing the firm’s confidential information, including case details, case outcomes, awards, or client details. The only time where this can be lifted is when the client requests it to be, or expressly agrees to publication in a hugely important or successful case.
“Social media is of course a great way to promote the firm, but lawyers must be wary of giving legal advice on social media – there is a fine line between promoting what we do and holding ourselves out online as giving any sort of formal legal advice.
“Social media policies are increasingly the reality for all businesses, but law firms especially have a need for them. Legal professionals are subject to ethical and legal requirements of confidentiality, and they have professional reputations to uphold. Fortunately, there are essential elements that can be included in your law firm’s social media policy that protect your firm and its clients, while advancing the firm’s long-term success.”
