It feels like barely a week goes by without a barrister bollix on social media, particularly X (formerly Twitter). Whilst many barristers opt for anonymous or locked accounts, legal X is a thriving online community that can raise a barrister’s visibility and help cultivate working relationships.
Below, we’ll guide you through some of the pitfalls of expressing personal opinions on social media, take a look at your professional obligations as a barrister, and (hopefully) give you some confidence to engage effectively on social networking sites whilst avoiding getting into bother with the Bar Standards Board.
Core Duties
Whilst your core duties were drummed into you at Bar School, it’s worthwhile jotting them down here by way of a timely reminder:
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
It used to be the case that barristers were prohibited from expressing personal opinions (voicing clients’ views was okay) to the media or making public (such as on social media platforms) statements on proceedings in which they were instructed. However, the BSB amended the Code to remove this ban in April 2013 as it was seen as an unjustifiable infringement of a barrister’s freedom of expression.
Barristers have always been permitted to speak about concluded litigation in which they have acted, as well as cases more generally, however, this freedom of speech is always subject to professional obligations.
It’s difficult to get any ‘official’ figures on how many barristers there are on X, but Followerwonk.com (an analytics site) indicates that there are around 15,000 UK accounts, including barrister, solicitor and lawyer, in their profile information.
The rise in popularity, and the inevitable complaints that followed, culminated in the BSB issuing guidance on barristers' engagement in social media in.
As guides go, it’s not the most comprehensive of documents, pretty much repeating the core duties listed above, with a smattering of tips such as, “Comments that you reasonably consider to be in good taste may be considered distasteful or offensive by others” or (a particular favourite), “avoid getting drawn into heated debates or arguments.” It does, however, clearly warn barristers that they face disciplinary action if complaints are investigated and upheld.
Downright offensive
For the most part, we believe that it’s plain to recognise when a barrister has crossed the line between expressing an opinion and being downright offensive. And it’s easy to find examples of the offensive on Twitter.
Following with birth of Harry and Meghan’s daughter – Lilibet Diana – Julie Birchill (@BoozeAndFags) tweeted on 6th June 2021, “could have called it Georgina Floydina!” to which family law barrister Joanna Toch (@Joannatoch) replied, “No Doria? Don’t black names matter?”
An apology from Ms Toch quickly followed, stating it was a “joke” and she had “children of colour”, but the damage was done and she was quickly suspended by Family Law Café who issued a statement on 7th June 2021 saying they found her tweet, “offensive, unacceptable and highly contradictory to the inclusive matter in with FLC has always and will continue to work with member of all communicates in managing the challenges of matrimonial and family disputes.”
Barrister Jon Holbrook (@JonHolb), on 17th January 2021 tweeted about a “stroppy teenager of colour” in response to the Equality and Human Rights Commission publishing a video featuring Ruby Williams, whose legal action they had supported when she was sent home from school because her Afro-hair breached uniform policy.
He was subsequently voted out of his public law set, Cornerstone Barristers, which said it “unequivocally condemns discrimination in all its forms”. Mr Holbrook has since become a ‘UKIP free speech spokesman’ and has his own website on which he boldly uses the tagline “barrister cancelled for challenging the woke.” We’ll leave it there.
Top tips on using social media without breaching your professional obligations
Aside from the obvious, don’t swear, be sexually explicit, slag-off clients or competitors, there are a few tips that will also save you from getting into hot water.
- You should not express personal opinions in such a way as to create professional difficulties for other lawyers in a case. For example, you shouldn’t express a personal (even if it’s an honest belief) that your opponent’s case is weak, and challenge your opponent to disagree.
- Don’t express a personal opinion which could potentially undermine your obligations under the ‘cab rank’ rule by deterring certain clients or types of clients from instructing you in the future. For example, making statements such as, “I will only ever act for landlords” should be avoided.
- When commenting on cases that have involved a mediation or are subject to out of court settlement agreements, be careful not to reveal information that could (when pieced together) reveal a client’s identity or affairs. If the case is of wider interest to the legal community and ought to be shared as the subject of a chamber’s website article, then remember to get the parties permission and anonymise in advance of publication.
- If your client doesn’t want to reveal that they are involved in a case or that you are their counsel, be careful about being geotagged in a post as you run the risk of identifying your location and inadvertently revealing that you act for a particular client.
- Don’t take (and share) photos from inside the Court room or within the building itself, and that includes the canteen (R v Vincent D (Contempt of Court: Illegal Photography) [2004] EWCA Crim 1271). Even Court artist sketches are forbidden within the Court room and done later from memory. Risks with photography in Court include intimidation of juries, witnesses, lawyers, and judges and there is a risk to police and dock officers.
As you might expect there has, and will continue to be, tears and tribulations when it comes to social media. However, fundamentally social media is a powerful tool that facilitates the building of relationships. Keep visiting our website to read further articles on how you can use social media to shape your personal brand.
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 or natalierodgers@scala.uk.com.
Article References
https://www.legalfutures.co.uk/latest-news/ban-barristers-expressing-personal-opinions-cases-set-end
https://www.counselmagazine.co.uk/articles/think-talking-the-press
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