Draft social media guidelines for attorneys-at-law Good afternoon everyone. The IT Committee of the Law Association has decided this year to undertake a project to examine social media guidelines for attorneys-at-law in Trinidad and Tobago. We’re not here to pronounce or dictate any rules for lawyers to follow, but rather to begin a conversation on what is the best practice and how do we manage where there is not a clear path. IT Committee Law Association of Trinidad and Tobago 14th February, 2019

The Legal Profession Act Whether concept of ‘social media’ was ever contemplated Calls for reform Code of Ethics remains binding in its current form When the Legal Profession Act came into force in 1986, the internet and concepts such as ‘social media’ were never contemplated. There have been many calls for reform of the Act itself, and if this is to be done, the code of ethics should be re-examined in the context of the modern digital environment. But until this is done, the code remains in effect. We know as attorneys-at-law that even if a judgment is appealed, the decision of the lower court remains binding until adjudication of the higher court. There have been opinions that certain aspects of the code are ‘unconstitutional’, but until any decision to the contrary, it remains binding in its current form.

Guiding Principles The duty of an attorney-at-law to act with integrity The duty of an attorney-at-law to not compromise his independence To behave in a way that maintains the trust that the public places in members of the legal profession Guiding Principles The Code of Ethics found in the Third Schedule of the Legal Professions Act Chapter 90:03 contains the guiding principles which all attorneys must abide by in the practice of law. These principles, inter alia, include: The duty of an attorney to act with integrity; The duty of an attorney to not compromise his independence; and To behave in a way that maintains the trust the public places in members of the legal profession. It is these three principles that are most likely to be tested when an individual engages in social media activity.

ADVERTISING

Code provisions on Advertising Part A, Rule 7: Unprofessional to solicit business by circulars or advertisements Part B, Rule 5: Acts intended to attract business unfairly Part B, Rule 6: Advertising, endorsements, comments on live cases, political advertisements, signage in ‘restrained and dignified manner’, directories, etc.

Guidelines Be mindful of things you post, which may be construed as advertising Duty to regularly review (and to remove where necessary) the contents of social media accounts Be aware of the comments sections on social media sites, which invite discussion

Considerations What is a ‘personal’ vs a ‘professional’ social media account? Privacy settings, platform (Facebook vs LinkedIn) Posting photos outside the court Statements about the quality of your work Testimonials from clients and colleagues

LEGAL ADVICE

Code provisions Part A, Rule 6: Speaking or writing in public on legal topics

Guidelines General answers to legal questions rather than specific tailored advice Disclaimer and duty to obtain independent legal advice

Considerations Responding to a post on a specific legal question Being ‘tagged’ in a post in response to a question asked by a third party Traditional media scours social media and a seemingly ‘private’ post could be reported nationally Should clients be ‘friends’ or ‘followers’ on social media?

CONFIDENTIALITY

Code provisions Part A, Rule 23(2): To scrupulously guard clients’ secrets and confidences PART B, RULE 15: Never disclose information communicated to you in capacity as attorney-at-law

Guidelines Confidentiality is self explanatory

Considerations ‘Ranting’ about a client or a case online Taking photos of pleadings where parties names are identifiable Communicating with your client in the public domain

DUTY TO THE COURT

Code provisions Part A, Rule 36(1), (2) & (3): To encourage respect and maintain same towards the Judiciary and to support the Judiciary against unjust criticisms PART B, RULE 19: Conduct must not be undignified or degrading to the Court or the profession PART B, RULE 20: No false accusations to be made against Judiciary

Guidelines Making a social media post which is in anyway undignified or discourteous towards the Judiciary is not permitted Any attempt to influence or gain favour with the Judiciary via social media is not permitted

Considerations ‘Ranting’ about a court matter (or a judge/magistrate etc) online Interaction with ‘friends’ or ‘followers’ who are judicial officers

OTHER FACTORS

Other Factors Researching jurors online Carnival and social media Identity theft and fraud

Thank you! Questions or comments?