Solicitors must consider their ethical obligations when posting and commenting on social media, as comments could breach SRA codes on client care, confidentiality, conflicts of interest and publicity, warns the Law Society of England and Wales. The warning comes as one of the most popular social media platforms, LinkedIn, is updating it’s technology to use the content posted by users as part of its efforts to harness artificial intelligence (AI) models.
In an update to its Terms and data use policies published last month, LinkedIn said it would ‘use and share member data and content to train generative AI models that create content’ from users in the UK. The terms state:
“Our GenAI features can help hirers find and reach you more easily, and assist members in creating content such as profile updates, messages, and posts. This may include data like details from your profile, and public content you post on LinkedIn; it does not include your private messages.”
The platform added there is an opt-out option in within a user’s settings. This setting also controls whether LinkedIn can share this member data and content to its affiliate Microsoft for model training activities.
The Law Society has updated its practice note and guidance for individuals and firms engaging in social media, encouraging them to use it ‘responsibly’. The note acknowledges there are many benefits to social media usage including using it in marketing activity, engaging with clients, and helping to raise personal and firm profiles. However, it warns improper use can result in defamation claims, risks of breach of client confidentiality, and the misappropriation of content by third parties over whom users have little or no control.
The updated guidance comes at an important time, Law Society president Mark Evans said, as he reminded firms of the ‘risks associated with social media platforms and the professional obligations they have to the Solicitors Regulation Authority (SRA) via the Principles and Codes of Conduct’. He added:
“Any comments on social media may be in breach of SRA Codes on client care, confidentiality, conflicts of interest and publicity. Sharing personal experiences, opinions and engaging in debate on current affairs and developments in the legal profession can be a positive way for solicitors to communicate their engagements to each other and the public.
“Personal integrity is central and must underpin our members’ professional conduct online. This includes being mindful of how comments may impact you and your firm’s image and reputation.”
With AI and machine learning increasingly incorporated into social media platforms, there is also a growing risk of ‘misinformation, disinformation and clickbait content’ added Evans.
“Our guidance should help members to use generative AI in a responsible and ethical way.”
The updated practice note is now available on the Law Society’s website.
One Response
It’s about time the Law Society started to take an interest in the social media output of Solicitors. LinkedIn is toxic and full of nonsensical comments from others that certainly fall way outside of CQS guidelines.
From the contemptuous propaganda of the PLA and its mouthpieces, to the fake accounts claiming three week exchanges, the platform is an example to the general public that conveyancers see themselves as above censure. That needs to change.
Unfortunately the worst agitation tends to be from non-lawyer owners of CLC firms, people outside the profession claiming to speak for us who troll relentlessly, or aggressive prop tech disrupters who like nothing better than to argue with everyone who has a different point of view. So while they lurk outside professional guidelines but free to abuse and insult without scrutiny not a lot will change as usual.