Scala

Legal marketers have long embraced and leveraged the digital landscape, with the majority of firms and professionals utilising social media as an essential tool in their marketing strategies.

However, TMS Legal's recent trouble arising from a misleading TikTok ads stands as a clear warning and crucial reminder that marketers within the legal sector (and all sectors for that matter) should stick to honest and clear marketing practices.

Claimant law TMS Legal's TikTok ads ruled to be misleading by the ASA | Law Gazette

TMS Legal, a firm specialising in claims for mis-sold packaged bank accounts, found themselves in hot water recently after the Advertising Standards Authority (ASA) flagged two of their TikTok posts as misleading. The ads showcased individuals, seemingly successful clients, holding substantial cheques post-litigation, implying these were genuine testimonials. However, it was revealed that these individuals were in fact actors, casting doubt over the authenticity of the firm's marketing campaign.

Acknowledging the oversight, TMS Legal attributed the misrepresentation to an 'internal oversight' by their marketing agency and promptly removed the ads. The ASA has told TMS to ensure that future advertisements feature authentic testimonials, emphasising the pivotal role of transparency in marketing endeavours.

TikTok as a legal marketing tool

This incident highlights crucial considerations for law firms and individuals venturing into the realm of social media marketing, particularly concerning TikTok.

Key things to consider before launching a TikTok account:

Audience Appropriateness: Does the platform align with your target audience? TikTok predominantly engages Gen Z users, with the total of UK TikTok users aged between 18-24 years old*, raising questions about its suitability for client acquisition.

Influencer Marketing: Is there a place for influencer marketing in the legal sector? It could be argued that some legal experts could use TikTok to promote their services, offer insights into the sector, or share advice, however, we would advise anyone considering a career as an influencer, familiarises themselves with The Law Society social media practice note or Bar Standards Board (BSB) social media guidance before doing so.

As always, transparency, authenticity, and compliance with industry standards are crucial before opting for such marketing strategies.

The Power of testimonials as a marketing tool

Genuine client testimonials can hold immense marketing value, serving as credible endorsements. However, their strength lies in their accuracy and authenticity. Leveraging written or video testimonials can create compelling marketing messages that engage your target audience. By showcasing real experiences and genuine satisfaction, testimonials can serve as a vital tool in forming trust and resonating with potential clients.

However, there are some key steps to take before you share a testimonial:

  • Obtaining explicit consent from the individual and always make it clear to them where the testimonial will feature (website/social media etc).
  • Crediting, where possible, authenticates the testimonial. If it isn’t possible to share the person’s name, anonymise with a simple ‘Client of …. said”.
  • Retain evidence in case the authenticity of a testimonial is ever questioned.
  • Ensure accuracy – this should be non-negotiable!
  • Securing approval before sharing—especially within law firms—is crucial and shouldn't be underestimated or overlooked. Marketing materials, including content, imagery, and budget allocations, should be agreed, and signed off by senior members before anything is shared to ensure the campaign aligns with the firm's objectives and to ensure accuracy.

Marketing mishaps

When used properly as part of a wider marketing strategy, social media is great, but it's important to remain transparent. Being honest, real, and accurate doesn't just help avoid legal problems—it also builds trust with the wider legal community and possible clients.

Let this marketing mishap serve as a crucial reminder that one bad marketing campaign can damage client trust, tarnish a firm's reputation, and undermine credibility.


*Statista