The Use of Social Media Within the Legal Profession

In this article, Adetola Ayanru discusses the use of social media within the legal profession, and the need for Lawyers to be professionally aware of what is expected of them, when they utilise this medium. She advices that the NBA and other regulatory bodies within the legal profession in Nigeria, ought to follow the example of the International Bar Association, in developing a set of principles to guide legal practitioners on their use of social media S Introduction

ocial media are web-based and mobile technologies that turn text communication into active dialogue ( International Bar Association Principles on Social Media Conduct for the Legal Profession).

The influx of several social media applications, such as Facebook, Instagram, Snapchat, as well as professional applications, such as LinkedIn, raises concerns on the need to be professionally aware of what is expected of legal practitioners.

This consideration is important, because the use of social media provides a platform where legal practitioners can promote the administration of justice, as a result of the opportunity to engage the public in legal practice and debate; and as professionals, we need to be mindful of our online activities, because they penetrate professional contexts and relationships, in addition to providing an access to a large audience and real time resources.

Guiding Principles

The International Bar Association’s Legal Practice Committee and Bar Issues Committee, have developed a set of principles to guide practitioners of the legal profession on their use of social media, which are discussed as follows:

Formulating Policies

The Nigerian Bar Association and other regulatory bodies within the legal profession, should consider formulating and adopting principles/limitations on the use of social media, in a professional manner. Law firms are encouraged to participate, by submitting contributions for this purpose. Law firms are also encouraged, to develop guidelines for their employees on personal and professional use of social media, which may be included in letters of employment and also by consistent training to educate them on the risks that may be involved with the wrong use of social media.

Confidentiality

One of the key principles within the practice of the legal profession, is the issue of confidentiality. It is taken for granted, that a Lawyer can be trusted with private and confidential information. Therefore, a social media platform is not where a lawyer is expected to reveal a client’s data or information, expect when in accordance with professional, legal and ethical obligations.

An example is, when information which can temporarily locate a Lawyer geographically, can be used to link professional involvement with a client. This may be disadvantageous, especially when the client does not seek to publicise his use of legal advice.

Maintaining Public Confidence

In abiding by the Rules of Professional Conduct ( Legal Practitioners Act, CAP 207, Laws of the Federation of Nigeria),

legal practitioners are expected to ensure that their conduct offline, matches their conduct online. Offline, a person has a level of independence over their affairs. However, the situation is not the same online, because activities are more likely to be exposed to a wider audience. It is important for this to be considered in the use of social media, because it has the tendency of portraying the key characteristics of an individual, which may include both positives and negatives. Legal practitioners ought to be aware of this risk, in the pursuit of their personal social lives online, in order to portray a legal practitioner that can be trusted by current and potential clients.

Integrity

Legal Practitioners are expected to have a very high standard of integrity, in all their dealings, including online. They are enjoined to consider the impact the negative use of social media could have on their professional reputation, especially because of the little or lack of control over other people’s social media activity. An example is, when content goes “viral”. If the content is fictitious and with malicious intentions, it will be difficult to repair the damage to the reputation such content may have caused. This also extends to comments or content made unprofessionally, which may damage public confidence.

Independence

Legal practitioners must maintain a high level of professional independence, offline and online. Legal practitioners are expected to not be subjected to external pressures in maintaining their independence. Social media platforms where visible, links to clients, judges and other legal practitioners, should be considered before creation, to avoid professional implications of these public links under certain circumstances.

Responsibility

Most social media websites/applications have privacy settings, which members of the legal profession are advised to access, in the use of their professional and private accounts with social media websites/applications. However, this does not automatically mean that the information shared/accessed will be protected.

It is also possible that, members of the public may rely on information published by a practitioner on a particular topic as legal advice, thereby unintentionally creating a retainer and possibly, assuming liability to third parties. It is advisable therefore, to always clarify the capacity in which the content is being created, and whether or not it should be relied upon as professional advice.

Also, legal practitioners need to consider the propriety of a medium for the dissemination of certain types of information. Factors such as context, potential audience, and nature of the message contained in the information, should be considered by the practitioner before dissemination. As a standard, the type of information a legal practitioner cannot say in front of an offline audience, should not be disseminated online.

In addition, the Rules of Professional Conduct lists some rules on advertising, touting and publicity ( Sections 33,34 and 35 of the Legal Practitioners Act, CAP, Laws of the Federation of Nigeria). These should also be adhered to, with regard to online content.

Conclusion

With social media being deployed by legal professionals in different parts of the world in the administration of justice, it is important for the Nigerian Bar Association to ensure that structures are put in place to promote the use of social media in a professional and responsible manner, without impeding on the guaranteed freedom of expression.

“LEGAL PRACTITIONERS ARE EXPECTED TO HAVE A VERY HIGH STANDARD OF INTEGRITY, IN ALL THEIR DEALINGS, INCLUDING ONLINE. THEY ARE ENJOINED TO CONSIDER THE IMPACT THE NEGATIVE USE OF SOCIAL MEDIA COULD HAVE ON THEIR PROFESSIONAL REPUTATION, ESPECIALLY BECAUSE OF THE LITTLE OR LACK OF CONTROL OVER OTHER PEOPLE’S SOCIAL MEDIA ACTIVITY”