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The Provision of Legal Services in the Era of Social Media

AnalysisThe Provision of Legal Services in the Era of Social Media

Barristers are often typecast as pin-stripe-wearing extroverts who are rather too good at self-promotion. But mention “business development”, “marketing” or “social media” in any meeting and you’re guaranteed to watch talented, experienced advocates squirm.

By Anna Yarde, Barrister, Harcourt Chambers

Why?

Firstly, there’s a huge difference between being confident in the courtroom and being effective on social media. The audiences are different. The language is different. And so are the metrics of success.

Instead of one judge, one trial, and one judgment, you will find an unwieldy worldwide population, posts, photos, videos, likes, shares, engagements, impressions and comments. And everyone has an opinion.

Secondly, it feels risky. That’s not surprising, given that the old Code of Conduct contained specific restrictions on advertising and marketing. When I first joined chambers, “marketing” was limited to having a website, carrying simple business cards and having drinks with friendly solicitors. That is no longer the case.

The current Bar Council guidance on “Advertising and website profiles” (last reviewed in July 2024) acknowledges that,

In a competitive market for legal services, it is only right that barristers are permitted to market themselves through websites (whether run personally or through chambers) and through other methods such as social media or advertisements. In many cases, lay and professional clients are likely to be interested in researching barristers who they are, or who they are considering, instructing – or barristers who are known to be on the other side of the case. Other people connected with litigation, such as judges, lay or expert witnesses or even jurors[1], may choose to find out more about the barristers in a particular case, as may members of the public and the press.”

As the guidance points out, that does not mean that advertising and marketing is not within the scope of regulation. It points out that the following core duties are likely to be relevant to marketing:

CD3 – You must act with honesty, and with integrity

CD5 – You must not behave in a way which is likely to diminish the trust and confidence which the public places in you or in the profession

CD6 – You must keep the affairs of each client confidential

CD2 – You must act in the best interests of each client.

You must also comply with the transparency rules which concern the provision of information to clients.

The Bar Council Guidance gives examples of how each of those core duties may be applied to types of posts, quotes or claims made online. Every barrister should read it in full (and, probably, regularly). And, perhaps just as importantly, having revised the potential pitfalls, every barrister should consider the advantages of creating an online social media presence before deciding whether (and how) to utilise it.

What are those advantages?

  1. It’s good for equality and diversity.

Social media is a great leveller. It is no secret that “traditional” networking events have not always supported efforts to improve equality and diversity at the Bar, nor that there is an increasing awareness of the importance of holding events which are alcohol-free, timed to suit those with caring responsibilities or with options for remote attendance where manageable.

Social media is inclusive. It requires only a phone/laptop, as much time as can be reclaimed from a busy schedule, and a drive to nurture meaningful connections. Only have 30 minutes whilst the toddler naps or the 6-year-old does ballet class? That’s fine. Don’t have an existing network? It will come. Worried that no one will read your posts? Nothing lost.

  1. It makes it easier to network in person.

Some of the best conversations start with, “I read the post you shared last week. It really resonated. I had a case the other day and…”

There is already a spark of connection.

I’ve lost count of the number of events that I’ve attended solo. The varied, fast-paced, unpredictable nature of life at the Bar means that colleagues often get held up at Court or will be travelling from another city. I suspect that I’m not the only one who has stood outside the entrance and taken a deep breath before joining a noisy and unfamiliar room. Having an online presence means not only a wider professional network (increasing the odds of finding friends in the room) but it also means being more likely to be recognised yourself. Recognition makes in-person networking much easier.

  1. It helps solicitors to choose the right barristers for each client.

An enduring relationship between solicitor and barrister will often result in an excellent match for lay clients. The solicitor will already know what qualities they want to prioritise for the individual – do they need empathy? Tenacity? The ability to deliver straightforward advice about complicated concepts or technical legal terms? They will also likely be familiar with the leading juniors and silks in their field of expertise.

But what happens when solicitors are looking to book someone new or brief a case at short notice? More and more enquiries come to chambers via email, rather than dynamic telephone calls with the clerks (who can also recommend good matches) and those emails are often sent to multiple chambers at the same time. How do the solicitors choose from several unfamiliar barristers to make the best choice for their client?

Perhaps social media profiles, which showcase individuals’ expertise, interests and personality, will have a growing role to play.

  1. You can develop a “personal brand”.

This doesn’t always sit comfortably for barristers, who are used to speaking on behalf of others and unrelatable by tradition and design (wigs and gowns, anyone?).

But it is important not to underestimate the value of connecting with peers, colleagues, clients and students using digital content platforms. It’s a lesson that even Kensington Palace has demonstrably accepted. Earlier this year, the Prince and Princess of Wales shared a video on multiple social media platforms. It provided an update on the Princess’ health, return to duty, and the impact of her diagnosis and treatment on the family. Despite the high production values and scripted content, the video still resonated with the audience. Viewers felt an authentic, human connection with the Royal Family, and the Prince and Princess retained control of a deeply personal message. It was a masterclass in controlling the narrative whilst remaining vulnerable, delivering a clear message and demonstrating what Kensington Palace offers modern society.

  1. It helps with recruitment.

When I was applying for pupillage, I spent hours researching different chambers. Once I’d shortlisted the sets I was interested in, I spent hours more repeatedly reading individual barristers’ profiles. I studied where they had gone to university, what scholarships they’d been awarded and, importantly, what their interests and hobbies were. What was I looking for?

Variety.

I have nothing against countryside pursuits, opera and Italian cooking. But those aren’t my interests. So, I decided to apply to chambers where members talked openly about raising a family or pursuing different interests outside court.

Now, rather than being confined to two sentences (with a light joke and an exclamation mark!) at the bottom of a profile page or a dynamic conversation during a mini-pupillage, social media profiles offer students the opportunity to learn a huge amount about their prospective colleagues.

Individuals can showcase their achievements, post photos, and share links to blog posts and articles. Not only that, but candidates can see other barristers and solicitors engaging with those posts. From that, they can ascertain where work likely comes from, who their instructing solicitors are likely to be, and what their own future career might look like. Perhaps even more importantly, candidates can see their achievements being celebrated by the legal community.

 

Students can also filter their searches by topic (and authors can invite engagement) using hashtags and group membership. Those might be as important as #womeninlaw or #socialmobility, or as simple and effective as #legalbakeoff or #barristercats. I’m not sure if that last one is real, but you get the idea…

  1. Reach

The potential reach of each social media post is unfathomable. Picture Wembley Stadium and its 90,000-seat capacity. How much value would you place on being able to speak to an audience of that size about a topic of your choosing at a time of day that suits you? A single social media post can reach an audience that size (or greater) without its author leaving the house or spending a single penny on marketing.

It isn’t just the size of the audience that is important, but the individuals within it. Who are your next instructing solicitors and lay clients? Where will Gen Z find their divorce lawyer? Or surrogacy expert? Or personal injury solicitor?

  1. Careers are often built on the connections between humans. Those connections can exist online too. And they can result in speaking opportunities, networking events and briefs.

How did this article come to be? A direct invitation on LinkedIn. And what an honour it is.

Please do feel free to connect. Online, in real life, or both.

Anna Yarde, Barrister, Harcourt Chambers

[1] It is an offence for a juror to research a case during the trial, which includes seeking information about the judge or any person (including a lawyer) involved in the case: see s.20A Juries Act 1974.

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