Personal Branding & Legal Ethics

Avoiding disaster in the age of the Duck-Face selfie.

David Bowles
Sep 7, 2018 · 5 min read

The ability to market yourself interests, capabilities and value to clients and employer alike are an increasingly important part of modern legal practice.

While no amount of self-promotion can replace actual legal and people skills, to be noticed you must first be seen — and 18 hour days working in a back office does not give a lot of scope for that.

Enter social media and the “personal brand”. Like many buzz-words, a personal brand for solicitors has gone from hype to cliché over the past few years, but there is a real benefit to being able to showcase your skills for those who have not met you in person or who may only know you slightly.

The obvious place to start is a diversified social media presence, often built around LinkedIn or a blogging platform such as Medium. A good blog takes a lot of work, and while Twitter is useful for quick format breaking news, it does not communicate ideas of substance. Other social media platforms have their place, especially in the retail legal services market, but LinkedIn is often the platform of choice for a reason.

So where do we start? Step one, and possibly the hardest, is deciding what you want — both from your career and from the profile you are building. Projecting a consistent, professional online image takes time and thought, so you need to make that investment count. Nothing wastes a marketing effort like lack of focus.

Step two — once you decide the destination, what is going to get you there? What is the image you would like to project? Every social media consultant will start by telling you that “authenticity” is the key. You will be much more effective selling something that is really there — albeit a slightly simplified, brighter version — the real you in stage makeup.

Third, who is your target? Other solicitors — (senior or junior?) Legal Recruiters? Clients? Potential clients? What will interest them? (Hint: “inspirational” memes quoting Steve Jobs probably isn’t it!).

There is a lot of good information detailing the mechanics of a great profile. There are a few things to avoid too, which brings me (finally) to the real point of the article:

Nine ways it could all end badly

Divulging confidential information. While showing you having the inside track on a big matter is tempting, as a rule of thumb: never comment on your own clients. Ever.

If you must do so, keep it very factual and no more than a summary of the material already squarely on the public record. Preferably, only once the matter is finalised and any appeal period ended.

An employee solicitor should always check such content with your supervising partner (even though you are posting privately), and consent from the client is always prudent.

Even information which is not — strictly — confidential might still be perceived as unhelpful to your client and their cause.[1]

Adverse comment about the counterparty or a judicial officer even more so. (And yes, this has happened !)

Photos of clients and from the office are also dangerous. Even if they consent, a slightly uncomfortable client on the court steps while you grin away beside them is not a good look. Check the background of photos carefully. The now famous photo from inside the Hawaii Emergency Response Agency (that sent the mistaken “nuclear attack inbound” warning message) is a good example of a bad combination: high res-photos and confidential material in the background (in this case, a post-it with a password). Client files, draft documents, whiteboards — all should be avoided. Even a reflection of a screen might be enough.

Arguments and flame wars. This isn’t Facebook. Enough said. (Actually no, not enough said: keep it professional, keep it polite and think carefully before posting that snappy response when you are hangry). Even bright people do not-so-bright things online: like the NASA intern who lost her position before she even started for abusing the guy her CEO reports to. (strong language alert)

Speaking of Facebook (and every other photo posting site out there), what else does it say about you? The messy aftermath of the 2014 law ball, photos from your duck-face phase and the doings of boof-head mates that never grew up might not be the image you want to project to a prospective employer. Tidy up old posts and photos, and know your privacy settings. Similarly, political discussions, “liking” controversial public figures and even “off brand” hobbies or past times might not be helpful. While I can concede the necessity of culling feral brumbies, someone who hunts them with dogs for fun is not exactly my cup of tea.

Bending the truth. TV adds five kilos to your figure and the glare of social media shows up exaggerations even more clearly. While your mum might not be crystal clear about the difference between a law clerk and a lawyer, your colleagues in the legal world certainly are. Truth will out.[2]

In 2014 a young law clerk was prosecuted after posting instagram photos inferring he was a solicitor. The sentencing magistrate observed:

Do not speak for your employer without authority, and make it abundantly clear that your views are merely that — yours.

How keen is your employer going to be about you friending/following clients? Is there a firm policy on that ? — bearing in mind that they may not be happy for you to turn your LinkedIn page into a client list, both from the perspective of your own departure and also to prevent hostile marketers tracking back to the decision makers in each organisation your firm works for. Friending clients on more personal social media like Facebook should be avoided other than for accounts that will be primarily used for business.

Humour is a difficult line. A light touch makes your material a lot more readable, but humour often has a sharp edge, so be very careful and always get a second opinion. This applies to comments, too.

Finally — avoid giving legal advice. A statement of the law in a primary post is OK, but as soon as you are replying to comments or questions by supplying legal content you are on dangerous ground. If you are an employee solicitor you are not entitled to give advice outside your employment, and even if you have your own firm an inadvertent retainer can be an expensive mistake.

[1] See for example Legal Services Commissioner v Tampoe [2009] LPT 14

[2] LSC v Reichmann, Magistrate’s sentencing remarks, MAG 73100–14.

Law Talk

Queensland Law Society advocates for good law, support good lawyers and always act in the public good. Law Talk is our publication where we share advice and thought pieces about working in the profession.

David Bowles

Written by

Law Talk

Law Talk

Queensland Law Society advocates for good law, support good lawyers and always act in the public good. Law Talk is our publication where we share advice and thought pieces about working in the profession.

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