Bar Standards Board; Interim Social Media Guidance

For many years, social media has played an increasingly important and fundamental role in the marketing strategies of barrister’s chambers and individual barristers.

A well-considered and implemented social media strategy can be a hugely powerful tool for a contemporary and approachable set.

Across the legal sector, the use of social media varies widely. Some Chambers and individual barristers proudly maintain active accounts across several platforms, including YouTube and Twitter; using them to share insights, events and highlight important issues (such as the recent barrister strike) to the public and decision makers, as well as gain support - whilst others have a minimal online presence.

In recent years, trailblazers such as the Secret Barrister have garnered a healthy following and paved the way for individual barristers to increase their online presence to promote their expertise in their chosen area of law, establish their own brand and raise their profile.

Due to the incredibly public nature of the internet, anyone with a social media account should always consider that anything that is posted online by either personal or professional accounts can be (and have been!) traced back to their professional status as a barrister.

In October 2019, the Bar Standards Board [BSB] issued its first ‘guidance on barristers’ engagement in social media’ in response to the rise in popularity of individual accounts and the ensuing complaints. Recently, the Bar Standards Board have launched a three-month public consultation on the regulators proposed approach to the regulation of non-professional conduct and on barristers’ use of social media. Simultaneously,  interim social media guidance has been published, which will be updated following the consultation.

The guidance gives barristers a very clear understanding of the risks taken by posting various statements on social media, and the relevant consequences of such actions.

Core Duties

A good place to start would be by reiterating the core values that a barrister has to follow in practice, despite these values being thoroughly revised throughout the Bar school.

CD2 – you must act in the best interests of each client and do so without regard to your own personal interests

CD3 – you must act with honesty, and with integrity

CD4 – you must maintain independence

CD5 – you must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession

CD6 – you must keep the affairs of each client confidential

CD8 – you must not unlawfully discriminate against any person

In the guidelines it is reminded that a barrister is bound by Core Duty 5, which states that they are; to not behave in a way that is likely to diminish the trust and confidence that the public places in you or the profession at all times.

Repercussions

In recent years, there have been several high-profile incidents in which a barrister or chambers has misjudged a post on their social media channel. In February 2022, Matrix Chambers gave an unreserved apology to the Court of Appeal for revealing the result of a case online the day before judgment was handed down. In an error, that strikes the fear of God into marketing teams everywhere, the set published a press release across their social media platforms based on a draft, and more importantly, embargoed judgment. Following the mistake, the set has taken steps to ‘reconsider, refine and improve its internal procedures’.

In January 2021, barrister, Jon Holbrook was voted out of his chambers and told that he ‘shamed the bar’ for his offensive and ignorant tweet about a ‘stroppy teenager of colour’ after schoolgirl Ruby Williams was sent home from school for violating their uniform policy because her ‘afro-style hair’ was not of ‘reasonable size’. (Despite this negative backlash he still stands by his comments, justifying his opinions further online).

It should go without saying that other employees of chambers should also consider these guidelines when engaging in posts online. As a member of the team, they also represent the set in all engagements made with the public, whether professionally or privately.

The consequences that arise from a poorly judged post can be incredibly damaging to everyone involved, careers can be put at risk, reputations discredited, and clients can be lost.

Using social media professionally and effectively

It may seem obvious, but it doesn’t hurt to be reminded not to swear, bad-mouth people (including clients), or use explicit language in your posts. When posting, always remain entirely professional.

When used correctly, social media can be a wonderful tool to promote your business. With the use of these globally accessible platforms, it has never been easier to raise awareness of an issue, promote a new case, or gain new clients with the ability to reach such a wide audience in just seconds. So instead of using it to express personal opinions, however tempting that may be, use the internet to its optimal potential by utilizing these excellent opportunities for business growth.

If you’d like to talk to us in confidence about how we can support you individually to elevate your profile, or work with your chambers to provide strategic marketing support, please contact Natalie Rodgers on 0114 4070159 / 07881 780608 / natalierodgers@scala.uk.com.