As part of the continuing legal education offered by the Entrepreneurial Bar Association, Ms. Chomiac de Sas, alongside Ms. Débora Cohen, presented a new training course focused on guiding lawyers’ communication practices on social media.
Liberated since the law of March 17, 2014, and further supported by recent rulings from the Court of Justice of the European Union (CJEU), lawyers’ communication has expanded considerably to encompass all existing tools, including social media.
These platforms have transformed how all individuals, both private citizens and professionals, interact, communicate, and share information. Lawyers are no exception, encouraging representative bodies to support their colleagues through this digital transformation.
This training aims to equip lawyers for effective, responsible, and ethical digital communication, while anticipating the specific risks associated with social media exposure.
Find Ms. Chomiac de Sas’s previous training courses on similar topics:
2025.03.13 – EDA – Intelligence artificielle (IA) & déontologie des avocats
2024.03.25 – EFB – Usages & pratiques Communication et déontologie de l’avocat
2025.02.17 – Barreau entrepreneurial – Profiter de l’IA Marketing pour développer son cabinet
2024.03.21 -Legaltechs d’avocats : règles déontologiques – Barreau de Paris
1. The digitization of the world, of justice and of legal services
The internet, social media, smartphones, blockchain, metaverses, and generative AI are all successive elements plunging our society into ever-increasing digitization. These transformations naturally affect the justice sector, which faces a threefold imperative: automation, dematerialization, and interoperability.
Applied to legal professionals, lawyers’ practices are now equipped with digital tools to assist legal consultations, practice management, interactions with the courts, and communication efforts.
However, these tools necessitate a constant adaptation of practices and increased vigilance regarding data security and the confidentiality of exchanges. Lawyers must integrate these tools while ensuring they uphold the essential principles of the profession, such as professional secrecy and the rules governing ancillary activities, including commercial ones.
2. The evolution of lawyers’ communication and current forms
Social media and digital platforms offer lawyers new avenues for visibility and interaction with the public. Communication is no longer limited to traditional media (brochures, websites) but now includes a variety of formats: posts, videos, podcasts, webinars, and more.
With limited training in these communication and marketing concepts, lawyers face the need for technical expertise and strategic thinking regarding the nature and reach of the messages they disseminate. Some lawyers, however, remain hesitant to engage publicly, fearing ethical breaches or damage to their reputation.
3. The applicable legal and ethical rules
Lawyers’ online communication is strictly regulated by the National Internal Regulations (RIN) and the rules of the Bar Association. Any communication aimed at promoting a lawyer’s services is considered advertising and must be declared to the Bar Council. Lawyers must respect professional secrecy, avoid any disparaging or comparative statements, and refrain from revealing the identity of their clients. Participation in blogs or social networks requires adherence to essential principles: dignity, loyalty, tact, integrity, and independence. Publications must be factual, provide truthful and honest information, and not mislead the public.
4. Social media communication strategy: how and why to communicate, and the necessary precautions
Developing a social media presence allows lawyers to showcase their expertise, inform the public, and enhance their reputation. However, every interaction must be part of a well-considered strategy, aligned with the profession’s values and client expectations. It is essential to define objectives (visibility, education, prospecting), choose appropriate channels, and establish clear boundaries for communication.
Caution is advised to avoid any promotional misuse, the risk of false advertising, or breaches of professional confidentiality. Finally, moderating comments and managing interactions are crucial for preserving the lawyer’s reputation and credibility.
5. The difficult case of influencer lawyers and the associated legal risks
The influential lawyer, by virtue of their visibility and audience, finds themselves at the crossroads of ethical requirements and the constraints applicable to influencers. The law of June 9, 2023, reinforced by the ordinance of November 6, 2024, mandates transparency regarding commercial partnerships and strictly regulates disguised advertising. Penalties for violations are severe: fines of up to €300,000 and two years’ imprisonment, or even a ban on practicing as an influencer.
While a lawyer’s reputation or credibility may grant them influencer status, it appears problematic to allow an influencer to practice law. Indeed, in addition to the incompatibility of practicing a commercial profession involving the promotion of third-party products and services, the rules regarding influence and the editorial rules imposed by social networks too quickly encourage the publication of distorted, divisive content unrelated to the profession and which can lead to disciplinary, even civil and criminal proceedings.
6. Lawyers’ Guides and Handbooks
Our law firm PCS Avocat participated in the creation of guides and handbooks within the professional bodies responsible for training and supporting lawyers on related issues.
Created in 2021, the Advertising & Social Media Commission focused on the challenges linked to these new uses and supported lawyers in their use of social media. The Paris Bar Association decided to publish a document summarizing judicial and professional positions regarding lawyer communication on social media and new digital tools.
This document follows on from the previous handbook on lawyer communication published by the Paris Bar Association in 2020 to inform and raise awareness among lawyers on these topics.
The social media guide aims to provide lawyers with advice and recommendations for developing their use of social media, balancing the need for lawyers to master communication tools with the risks associated with inappropriate use in light of the rules governing our profession.
