TikTok and Instagram videos featuring Israeli lawyers have become a fixture on social media in recent years, but the Israel Bar Association is now seeking to set clear limits on what they can post.
The Bar Association's National Ethics Committee on Sunday issued a new position paper in response to what it described as "the publication of numerous videos by lawyers on social media," laying out an extensive series of guidelines governing the way attorneys may advertise themselves online.
The guidelines will take effect in 45 days to give lawyers time to comply, and will also apply to videos and other posts already online. Lawyers will therefore have to review TikTok and Instagram videos and other content they have previously posted, and either modify or remove material that does not comply with the new rules.
Attorney Menachem Moskowitz, chairman of the National Ethics Committee, wrote in the position paper that it was issued "following the publication of numerous videos by lawyers on social media," with the aim of informing members of the profession of the principles the committee will now use to determine whether such videos comply with professional ethics rules.
Among other things, the committee said the use of animation and "acting," including songs and dancing, would generally be considered harmful to the dignity of the legal profession. Lawyers who nevertheless believe that a video containing such elements does not undermine the profession's dignity are asked to approach the Ethics Committee in advance for its position.
The committee also set limits on how videos should be filmed. According to the position paper, a lawyer must appear in "court attire or other appropriate clothing customary for legal work." Revealing clothing, such as a swimsuit or tank top, is considered incompatible with the dignity of the profession.
The location is also subject to the new guidelines. Videos should be filmed at a law office, in a professional studio or in "another appropriate location" consistent with the nature of a lawyer's work.
The Ethics Committee also addressed an editing style that has become commonplace in social media videos. As a rule, it said, videos should consist solely of "substantive, professional and informative speech." Subdued background music is permitted, but loud music and sound effects will generally be considered harmful to the dignity of the profession. Here too, lawyers who believe such elements are justified in a particular case are invited to seek the committee's approval in advance.
The committee is also seeking to impose limits on the substance of lawyers' posts. According to the position paper, videos should deal exclusively with legal content and should relate to the legal services provided by the lawyer or law firm and to the professional service being offered. Content unrelated to a lawyer's professional practice should therefore be avoided.
The committee is also demanding restraint in the way lawyers present themselves. Statements in videos should be made in a "respectful, restrained and appropriate" manner, without crude or inflammatory language. Content that encourages illegal conduct or could undermine public confidence in the legal profession is prohibited.
Saying how much money you won for a client isn't enough
One of the more significant guidelines concerns a particularly common phenomenon on social media: lawyers posting videos focused on an achievement for a client, such as an especially lenient sentence, the cancellation of a debt or a large compensation award, without explaining the circumstances of the case.
The Ethics Committee said an advertisement that merely "boasts" about the bottom line, such as a lenient sentence or a large award, without providing other material information, could create a misleading impression and could even constitute prohibited solicitation. Such a post must therefore include the key facts of the case, subject, of course, to the lawyer's duty of confidentiality, rather than merely stating the amount sought in the claim or the final outcome.
Sweeping promises to prospective clients are also off limits. An advertisement in which a lawyer guarantees "debt cancellation" or a "victory in court," for example, will be considered unreliable advertising that could mislead the public. The committee cited other examples, including statements such as "getting divorced is very easy," or a claim that "in every urban renewal project, residents manage to double the size of their apartments."
The committee also warned lawyers against turning legal successes into ostentatious social media content. Lawyers are expected to "exercise restraint" in a manner befitting their professional status, it said, and not to "engage in excessive self-praise or make themselves or their profession look ridiculous." Nor should they boast about professional achievements that in practice amount to a "cynical and deliberate distortion of substantive law."
Clients or employees may appear in videos only with their informed, written consent and after being told that they are entitled to refuse to participate without suffering any consequences. The position paper recalled a previous decision prohibiting the use of a video showing a person sitting in a car with a rolled cigarette and a bottle of beer while recommending a lawyer who specializes in traffic law.
The committee also recommended that lawyers generally refrain from referring to third parties in their posts, particularly other lawyers, whether explicitly or implicitly, in order to prevent material that could bring a fellow member of the profession into disrepute.
Freedom to advertise?
The guidelines are based on the principle that lawyers' freedom to advertise themselves online is not unlimited. The Ethics Committee noted that the Israel Bar Association's rules permit lawyers to publish videos, promotional clips, photographs and illustrations, but only when the material relates to their professional services, is not misleading, does not bring another lawyer into disrepute and does not harm the dignity of the profession.
The new position paper will take effect in 45 days, giving lawyers time to bring their advertisements into compliance with the new rules. Significantly, it will also apply to videos that are already online when the guidelines take effect. Lawyers with TikTok, Instagram and other social media accounts will therefore be required to review content they have already published.
