Barristers – Are you guilty of claiming to be something you’re not?

Following the recent Bar disciplinary tribunal reprimanding and fining Michael Wolkind QC over claims made on his website, including the assertion he could ‘get Stevie Wonder a driver’s licence’, the Bar Council have responded by issuing a caut

Having recently (February 2017) updated the guidelines for barristers using social media (which can be viewed here), the Bar Standards Board offers advice to be applied in both a professional and personal capacity. Due to the inherently public nature of the internet, it is imperative to remember anything you publish online may be read by anyone and could be linked back to your status as a barrister and your chambers.

You might be surprised to learn that barristers were first permitted to advertise back in 1989 when the 4^th edition of the Code of Conduct (has anyone still got a copy?!) was released. Back then no one could’ve predicted the impact social media and its various platforms-twitter, Facebook, LinkedIn to name a few would have on our lives.

Many at The Bar understand the importance of online advertising and social media in promoting Chambers, individuals and the profession generally. Here are the main things to remember to help you engage confidently with online advertising and social media.

Act with Honesty and Integrity – just as you do in your daily legal work, it is important that this dictum extends to your marketing activities. Barristers must not mislead anyone when making claims about their knowledge, experience or ability. Comparing yourself to another barrister is an absolute no-no! Using quotes and testimonials from lay and professional clients is fine, but always make sure that you have the relevant consent beforehand. When quoting legal directories, you must not be selective!

For example, here is an extract from a Legal 500 recommendation, “One of the best negotiators on circuit; he is a highly effective communicator and never gives up”. Quite an accolade, but barristers should not be tempted to misquote it as “The best negotiator on the circuit!”

Trust and Confidence – don’t ever post anything that may undermine your honesty. When it comes to advertising Public Access work practitioners are governed by the same rules regarding advertising as the rest of the Bar.

Confidentiality – it is totally acceptable to refer to reported cases that you have appeared in, or where the case was heard in open court. However, where a case hasn’t been reported but it is of significance to your practice profile, you need to follow a few general rules. If you want to mention a client by name make sure you get their permission first. If a case is ‘ongoing’, take extra care to avoid saying anything that may be prejudicial, particularly if there is an appeal pending. You might also want to run it past your instructing solicitor to ensure that they don’t have any objections to you mentioning that you are instructed on the case.

If you need any help with online marketing contact us at Scala on office@scala.uk.com, 0114 4070159.

*Source : Twiplomacy