The internet, particularly through social media and websites, has become one of the primary ways for professionals to market their services to the general public for little to no cost. It’s also great for networking. While this is a welcome development, lawyers must pay attention to the ethical implications of using websites and social media as professionals. As a South Australian lawyer, you must remain compliant with the rules governing your use of websites and social media for personal use or to market your professional services. In this blog, we will explore what these rules are, why they’re important to you, and how you can stay compliant.

Why Having an Ethical Online Presence for South Australian Lawyers Matters

As a South Australian lawyer, social media and websites provide you with powerful and affordable tools for marketing, networking with other people, and educating the public. A well-managed online presence can help you build trust, attract clients, and make complex legal issues easier to understand. However, that’s not the end of it.

The same tools carry serious risks if used carelessly.  For instance, a lawyer could mistakenly post incorrect information on social media. Such information is harmful to the general public who have no awareness of the law. Sometimes, it doesn’t matter if the lawyer retracts the info later on because the damage is already done. Lawyers can also post details about an ongoing court case or make inappropriate sexual, racist and political remarks. Instances like this are why you must ensure that everything you publish is accurate, respectful, and consistent with your professional duties. In practice, that means avoiding misleading claims (overpromising results, inflating success rates, or implying court approval), unauthorised testimonials (publishing client reviews or praise without proper consent), and exaggerated credentials (using terms like “specialist” or “leading lawyer” without accreditation)

As you can already tell, it’s not only about compliance with rules. There are real-life implications of unethical online presence from South Australian Lawyers on the general public, including client confidentiality breaches, prejudice and bias, and defamation. Moreover, one may also attract disciplinary action for professional misconduct from the regulators.

Another thing you should consider is that compliance with these rules sets your practice apart from others in an already crowded market. You can build professional credibility and clientele trust on these rules.

Understanding the Regulatory Framework 

The regulatory framework for social media and website compliance for South Australian lawyers is anchored in the national conduct rules/ASCR (Australian Solicitors’ Conduct Rules), South Australian Legal Practitioners Conduct Rules (SALPCR), and the Australian Competition and Consumer Commission advertising and promotion rules. Now, let’s discuss each rule and its role in the regulatory framework.

Australian Solicitors’ Conduct Rules

The Law Council’s Professional Ethics Committee, with support from state & territory law societies and profession bodies, developed the ASCR to regulate the conduct of lawyers in Australia. The rules are not just guidelines, but are enforceable by law, as per the Legal Practitioners Act of 1981. The parts of the ASCR that relate to ethical online presence as a South Australian lawyer include Rules 3, 4, 5, 36, and 42. Rules 3,4, and 5 discuss how you must conduct yourself with honesty and diligence in all dealings as a lawyer (which include social media and website presence), and avoid any action that questions your integrity or brings the profession into disrepute. Rule 36 of the ASCR explicitly prohibits misleading claims, offensive content and false credentials in advertising.  Finally, Rule 42 addresses avoidance of discrimination, sexual harassment or any other form of harassment as a lawyer.

South Australian Legal Practitioners Conduct Rules

The ASCR was adopted and incorporated into the South Australian context as the SALPCR, and the 2022 version is the latest. Unsurprisingly, both rules are quite similar, and rules 3,4,5,36, and 42 in the SALPCR say the same thing as in the ASCR. Rule 9 of the SALPCR prohibits a lawyer from disclosing any information confidential to a client.

Australian Competition and Consumer Commission Advertising and Promotion Rules

The ACCC regulates every business advertising in Australia to protect consumers against false or misleading claims in any form. This is where consumer law meets your professional conduct as a South Australian lawyer. The ACCC laws also prohibit unfair practices, testimonials, and misleading pricing. Penalties for breaching these rules are substantial, ranging from $2.5 million for individuals to $50 million or more for corporations.

How Do You Ensure Compliance as a Lawyer?

In this section, we will outline practical steps to maintain an ethical online presence on your social media platforms and website. We can’t possibly cover every scenario, but you should get a good sense of how to navigate potential pitfalls.

How to Maintain an Ethical Online Presence on Social Media

• Consider separating your personal and professional practice accounts. However, you must still observe an ethical presence on both accounts. You can be less formal on your personal account and steer clear of legal content if you wish. Reserve the legal posts, whether commentary, educational or promotional, for your professional accounts, and pay close attention to compliance.
• Do not run commentary on active legal cases, judges, and courts. You can discuss publicly available facts and analyse cases neutrally, but don’t divulge new information.
• Always observe client confidentiality- no photos, names, addresses or any other identifying details.
• General legal information posts on social media should include disclaimers- not legal advice.
• Disclose any paid endorsement ads or influencer promotions publicly.

How to Maintain an Ethical Online Presence on Your Website

• Landing pages should clearly state your jurisdiction and practice areas. Do not include any claims without sufficient evidence, e.g, you cannot say ‘Adelaide’s leading lawyer’ without objective proof.
• Avoid using language that guarantees outcomes on your landing pages, home pages, and service pages.
• Include cookie/privacy forms on enquiry forms. 
• Blogs should visibly bear the disclaimer ‘not legal advice,’ and the same should apply to newsletters and social media posts.
• Do not fabricate or alter reviews or testimonials. Furthermore, you must get written consent from any client before publishing their testimonial. 
• Ads should not guarantee any outcomes, and you should supervise content creation across the board.
• Website forms for capturing sensitive data should include concise privacy statements and clear instructions for handling enquiries.

If you have staff members or any third party in charge of your social media and website, you must monitor content to ensure compliance. You should also have a staff social media policy and annual training. A quarterly audit of your website and social media for compliance is also a great way to maintain an ethical online presence.

What Are the Penalties for an Unethical Online Presence by South Australian Lawyers?

Breaching the ASCR and SALPCR is evidence of professional misconduct under the Legal Practitioners Act of 1981, and penalties range from fines to suspensions, and in extreme cases, disbarment. Penalties for breaching ACCC advertising and promotion rules are substantial, ranging from $2.5 million for individuals to $50 million or more for corporations.

Caffeinated Marketing Can Assist Legal Businesses 

Maintaining an ethical online presence as a South Australian lawyer is not only about avoiding penalties; it is also about upholding the highest standards of professional conduct. You’re also upholding legal professional standards and protecting the public’s trust. Moreover, this will set you apart in an already crowded digital space.