Recent cases about social media and disciplinary action taken by regulators would appear to suggest most definitely ‘yes’. These cases might be alarming to read, and you may be worried by the thought that the police are ready to knock on your door.
Principle 2 of the CILEx Code of Conduct is here to help you make the right decision about your professional and personal conduct.* Outcome 2.2 of the Code focuses on maintaining trust and confidence in the actions that you take so that members of the public, as well as your colleagues or clients, can have confidence that you, as a lawyer, are trustworthy.
Within the minefield of social media, what can you do to make sure that what you publish privately is not used to damage your professional career or tarnish the view of the wider profession? Here are some useful questions to ask yourself:
Will my post paint my profession in a bad light? If you have answered ‘yes’ to any of these questions, then pause and consider whether what you are posting is a good idea. Remember that not all social and online media allow you to delete records. The footprints you leave are often hard to remove.
.. what can you do to make sure that what you publish privately [on social media] is not used to damage your professional career or tarnish the view of the wider profession
Most people have access to some form of social media, and it can take a simple name search to find out a lot of personal information about you. Clients and potential clients may use these tools to help them decide whether they want to use and/or retain your services. If you are entering the profession, recruiters and employers will often search social media to find out more about you. In that sense, social media can be a powerful influence on people’s opinion of you, and if you can use it to promote your positive conduct this may help you to maintain professional integrity.
* Available at: www.cilexregulation.org.uk/~/media/pdf_documents/cilex-regulation /code-of-conduct/cilex-code-of-conduct.pdf?la=en