LSK warns lawyers over some facebook, twitter update

Nairobi, Kenya: It now amounts to professional misconduct for lawyers to post unpleasant comments on social media.

The Law Society of Kenya Secretary/CEO Mr. Apollo Mboya said lawyers are bound by the International Bar Association (IBA) Principles on Social Media Conduct for the Legal Profession.

“The guidelines require lawyers to observe and exercise independence, integrity, responsibility, confidentiality, maintain public confidence when posting on social media,” Mr. Mboya said.

He said that – with immediate effect - it is professional misconduct for lawyers to use any social media contrary to the IBA guidelines.

“There are increasing instances where lawyers committed acts amounting to professional misconduct through postings on Facebook, Twitter and Whatsapp,” Mr. Mboya said.

The CEO said that the Council of LSK resolved to issue guidance of the IBA Principles on Social Media Conduct for the Legal Profession adopted on May 24, 2014 to control the postings.

“The LSK is a corporate member of the IBA and therefore upholds the guidance and principles as may be issued from time to time,” Mr. Mboya said.

The CEO said that the Council of LSK is considering commencing professional misconduct proceedings on some lawyers following their postings on various social media.

According to the new guidelines, lawyers are expected to maintain the highest standards of integrity in all dealings including those conducted over social media.

“The guidelines require lawyers to monitor their online and offline conduct, exercise restraint to ensure posted statements should be true and not misleading,” Mr. Mboya said.

He said that the IBA regulations require lawyers to consider client confidentiality when using social media.

“Even the use of hypothetical questions or anonymous fact patterns may inadvertently reveal confidential information,” Mr. Mboya said.

The guidelines provide that before entering into an online ‘relationship’, lawyers should reflect upon the professional implications of being linked publicly.

“The guidelines require law societies and regulatory bodies to encourage law firms to consider developing clear and coherent policies and guidelines on social media use,” Mr. Mboya said.