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Lawyer TikTok: be very careful

RICHARD WEINER
Technology for Lawyers

Published: November 19, 2021

Some of you younger lawyers and law students out there may be exploring TikTok as a social media platform for your practice. Most of the elder states-people in the profession, of course, have no idea what TikTok is.
If you do know what TikTok is, keep reading. If you don’t—run away, run away. Discretion here is very much the better part of valor.
OK for those still here: TikTok has a #LawyerTikTok, which seems to be a virtual home for legal 20-somethings. If you are comfortable in that environment, then by all means join in.
If you do join the Lawyer TikTok party, there are several cautions in the road up ahead. These are pretty much the same in any social media or public-facing situation, but they always bear repeating.
First, be careful about creating an inadvertent attorney-client relationship. When creating videos or responding to comments, keep the advice as general as possible. Giving specific advice to a specific person may create an attorney-client relationship, or at least give the potential client the impression that such a relationship has been created. It is always a bad idea to give specific legal advice on a public forum, anyway, so don’t do it.
Next—sure, you want flashy videos that get shared and commented on. But be very careful about revealing client confidences. Never say anything specific about any case you’re handling.
While we are at that, don’t seek entertainment value above professionalism and ethical considerations. Don’t try to be funny when talking about legal matters—especially something that could be construed by a lay person as permission or encouragement to commit crimes.
And while you’re giving general legal advice—make sure that your advice is accurate. Your account must always be monitored for accuracy, both in the original material and in any responses to comments. If you’re going to talk about a law, make sure that the comments are updated if the law changes, for instance.
Accuracy and ethical considerations also go over into your advertisements. Make sure they correspond with all legal ethical requirements.
And now the hard part. With TikTok, or any social media, you are broadcasting across the globe. In order to make sure that you’re conforming with all legal and ethical requirements, you need to be aware of those rules in very jurisdiction that you are in or may be in.
That last part may be enough to rethink you’re entire social media policy, eh?


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