End to TikTok dances? Lawyers required to remove videos from the web
Following the proliferation of videos uploaded by lawyers to social networks, the National Ethics Committee has published a series of new guidelines: the use of songs, dances, and animation will generally be considered a violation of the dignity of the profession. Lawyers will be required to appear in appropriate attire, avoid promises such as "winning the case," and present the essence of the case rather than just boasting about a lenient sentence or a high winning amount.
TikTok and Instagram videos by lawyers have become an integral part of social networks in recent years, but now the Israel Bar Association is seeking to set clear boundaries for them.
The National Ethics Committee of the Bar Association published a new opinion today (Sunday), following what it defines as "the publication of many videos by lawyers on social networks," containing a long list of guidelines regarding how lawyers are allowed to advertise themselves online.
The guidelines will come into effect in 45 days to allow lawyers to prepare for them, and they will also apply to videos and publications already online. This means that lawyers will be required to review their TikTok, Instagram, and other content they have already published and adapt or remove posts that do not comply with the new rules.
The chairman of the National Ethics Committee, Adv. Menachem Moskowitz, wrote in the opinion that it was published with the aim of bringing to the attention of the legal community the principles by which videos will henceforth be evaluated in terms of their compliance with professional ethics rules.
Among other things, the committee determines that the use of animation and "acting," including songs and dances, will generally be considered a violation of the dignity of the legal profession. Lawyers who nevertheless believe that a video including such elements does not violate the dignity of the profession are requested to contact the Ethics Committee in advance and receive its feedback.
The committee also sets boundaries for how the videos are filmed. According to the opinion, the lawyer is required to appear in "court attire or other appropriate clothing, as is customary in the work of a lawyer," while revealing clothing, such as a swimsuit or a tank top, does not befit the dignity of the profession. The location is also not left out: the video should be filmed in the law office, a professional studio, or "another appropriate place."
The Ethics Committee also addresses the editing style that has become common in social media videos. As a general rule, it is determined that the video should be based on "factual, professional, and informative speech only." Solid background music is allowed, but loud music and effects will generally be considered as violating the dignity of the profession.
The committee seeks to set boundaries regarding the content itself that lawyers publish. According to the opinion, the videos should deal with legal content only and be related to the legal services provided by the lawyer or their office. Accordingly, it is determined that content unrelated to the lawyer's professional practice should be avoided.
The committee also demands restraint in style: the things said in the video should be presented in a "dignified, restrained, and appropriate" manner, without vulgar or inflammatory language. Content that encourages illegal behavior or that could damage public trust in the legal profession should not be included.
It is not enough to tell how much money you obtained for a client
One of the most significant guidelines concerns a particularly common phenomenon on the web: lawyers who publish videos focusing on an achievement they obtained for a client — for example, an especially lenient sentence or a high compensation amount — without detailing the circumstances of the case.
The Ethics Committee determines that a publication that "boasts" only of the bottom line, without providing other essential information, may create a misleading impression and even be considered prohibited solicitation. Accordingly, the publication must include the main details of the case, subject of course to the lawyer's duty of confidentiality, and not be satisfied with the claim amount or the final result.
Sweeping promises to potential clients are also out of bounds. For example, an advertisement in which a lawyer promises "debt erasure" or "winning the case" will be considered a publication that is not credible and may mislead the public. The committee brings as additional examples statements such as "it is very easy to get divorced" or the claim that "in every Pinui-Binui (evacuation and construction) project, the tenants manage to double the area of their apartment."
The committee also warns against turning legal successes into ostentatious content. According to it, lawyers are expected to "restrain themselves" in a manner befitting their status, and not to "exaggerate in self-boasting, not to ridicule themselves or their profession."
Also, the presentation of clients or employees in videos will be permitted only subject to informed and written consent. In addition, the committee recommends that lawyers generally avoid mentioning third parties in publications — and especially other lawyers — to prevent publications that could cause disrespect to a colleague in the profession.
Freedom of advertising?
Behind the guidelines is a concept that the freedom of advertising for lawyers on the web is not unlimited. The Ethics Committee reminds that according to the rules of the Israel Bar Association, it is possible to publish videos, image films, photos, and illustrations, but only when they are related to the professional service, are not misleading, and do not violate the dignity of the profession.
