The opportunity to address injustice is what motivated many to pursue careers in the law. However, what attorneys perceive as injustices and how they are addressed, whether in their backyard or globally, could impact their careers and the law firms they represent.
Sharing unvarnished opinions on perceived injustices can impact your work as a legal professional and blur the line between personal opinion and professional performance and reputation. In two recent cases, attorneys who spoke candidly in public are facing potential discipline. A father-daughter attorney duo in Florida spoke out against a judge’s ruling to overturn a jury decision in a racial discrimination case according to Associated Press. The pair could face disbarment or suspension for violating their oaths promising to respect the courts and judicial officers. In another case, a Veterans Affairs attorney faced calls for resignation after videos of her mocking Israeli hostages circulated online. In a world where social media has both democratized access to the public square and provided opportunities for opinion-crowdsourcing, attorneys must be mindful of what they say and how they communicate it.
It’s not always what you say, but how you say it
Attorneys are fallible but addressing their opinions in the public eye can prove to be a liability. The question becomes how can law firm leaders approach an issue that can be perceived as free speech among their attorneys? Consider the following:
- Understand the risks: Lawyers have ethical obligations and requirements to ensure they are held accountable for their commitments to the practice of law. While infractions don’t always lead to legal trouble for attorneys, they could have social and reputational impacts and prompt investigation from local bar associations. Depending on what an attorney says, law firm leaders might be forced to consider terminating them for fear of public backlash. Leaders should take time to fully understand what commitments their attorneys must follow to grasp where the line is between opinion and professional liability.
- Educate attorneys: Once leadership understands the risks of their attorney’s public comments, they should educate them. Sometimes, attorneys will make a rash decision unaware that what they said could be on camera, interpreted as breaking a professional commitment or representative of the entire firm. Trainings and regular refreshers should be dedicated to teaching attorneys how to approach public comments and social media as well as potential repercussions.
- Insurance considerations: An insurance professional who specializes in the legal space can be a helpful resource in analyzing your firm’s insurance portfolio to ensure they are armed with professional liability insurance if an ethics claim is made on an attorney. It is crucial to understand the scope of the firm’s insurance coverage and should be discussed with an insurance pro to make certain it is understood.
Speaking freely in public is one thing, but attorneys who speak off-the-cuff or share their personal perspectives with the public or the media should expect to be held accountable. Law firm leaders should work to understand the risks related to their attorneys’ public comments and how they can protect their businesses.