Presentation
Following the success of the training provided earlier this year by the Entrepreneurial Bar Association,
Pierre-Xavier Chomiac de Sas (PCS Avocat) once again joined forces with Maître Débora Cohen (DC Avocat) to lead a training session for lawyers of the Paris Bar on the topic of social media.
Lawyers and social media: the rules of lawyer communication
Gradually liberalized in the 2010s, the legal profession now enjoys a level of freedom in its advertising and communication similar to that of other commercial companies. Subject only to the limitations associated with its status as a regulated profession, lawyers are bound in their communications to respect professional secrecy on the one hand, and the essential principles guiding the profession, as set forth in Article 1.3 of the National Internal Regulations:
“The essential principles of the profession guide the conduct of lawyers in all circumstances.
Lawyers perform their duties with dignity, conscience, independence, integrity, and humanity, in accordance with the terms of their oath.
In this practice, they also respect the principles of honor, loyalty, equality* and non-discrimination*, impartiality, collegiality, tact, moderation, and courtesy.
They demonstrate competence, dedication, diligence, and prudence towards their clients.”
Article 10, which specifically governs lawyer communication, reiterates the applicable provisions—based on legal principles, notably the Consumer Code, the Penal Code, and regulations concerning the GDPR and personal data protection.
In summary, the following are mandatory: identification of the lawyer publishing online and on social media, strict adherence to truthful and fair information, and the prohibition of certain statements:
- “Any false or misleading advertising;
- Any comparative or disparaging statement;
- Any statement likely to create the impression in the public mind of a non-existent practice structure and/or an unrecognized professional qualification;
- Any reference to functions or activities unrelated to the practice of law, as well as any reference to judicial functions.”
Lawyers & Social Media: A Vademecum & Practical Guides for Lawyers
The application and interpretation of applicable laws and regulations regarding advertising have led the professional bodies – the National Bar Council and the Paris Bar Association – to offer their colleagues practical guides and handbooks designed to inform them about the applicable practices and rules, including:
- Handbook – Lawyer Communication – CNB 2nd edition.
- Handbook – Lawyer Digital Communication – 2020 – Paris Bar Association
Given the success of these guides, which aim to clarify the rules in force and the current state of legal doctrine on these issues, the Paris Bar Association is currently finalizing a practical guide for lawyers on social media. Topics to be covered include various practices related to lawyers’ communication on social networks, notably:
- the presentation and content of professional social media accounts
- statements made by lawyers in the context of defending their clients’ interests
- lawyers’ appearances in audiovisual media and on social networks as experts
- lawyers’ freedom of expression and tone
- publications relating to the lawyer’s clients
- the creation of live and streaming content by lawyers on social media.
The lawyer on social media
Widely accepted and integrated into the contemporary business world, the use of social media raises legitimate questions related to lawyers’ communication strategies.
Issues related to the choice of social network, the type of content offered—images, audio, text—and the motivations and purpose of these posts—promotion, information, networking, etc.—are all elements that lawyers must prepare before embarking on content creation, which can prove time-consuming.
The pitfalls associated with the shift from “lawyer-influencer” to “lawyer-influencer” raise specific issues related to the risks of blurring the lines between professional and private life, the risk of cyberbullying of high-profile lawyers, and the impoverishment of content driven by the algorithms’ attempts to optimize search engine ranking, visibility, and consequently, the number of followers.
Social media and lawyers – Entrepreneurial Bar Association training
The training was attended by over 350 lawyers participating online. This significant number allowed for both addressing the practical and insightful questions of colleagues and demonstrating the profession’s clear interest in understanding and integrating these new communication channels.
The issue of using clients’ names and the content of cases handled by law firms for promotional purposes was raised repeatedly, highlighting the practices of certain law firms. Originating from the practice of Anglo-Saxon firms in M&A, the lawyer’s client base is compromised by professional secrecy.
As a reminder, breach of professional secrecy constitutes a criminal offense punishable under Article 226-13 of the French Penal Code:
“The disclosure of confidential information by a person who is entrusted with it by virtue of their position or profession, or by reason of a temporary function or mission, is punishable by one year of imprisonment and a fine of €15,000.”
While legal or jurisprudential exceptions are permitted, it appears impossible under current legislation to consider, even with the client’s agreement, that the lawyer’s personal promotion could constitute an acceptable exception to the violation of professional secrecy.
Paris Bar Association – Digital Law Training
This presentation concludes a series of training sessions led by Débora Cohen and Pierre-Xavier Chomiac de Sas, which began in early 2023 and addressed the topics of new technological practices among lawyers and cybersecurity for law firms.
Find the replay of the online training session on the Entrepreneurial Bar Association website.
Validated for Continuing Professional Development (CPD). Registration is mandatory and subject to availability. Automatic validation for online sessions lasting 75% or more of the total training duration.
