Bar Association warns barristers to be careful on social media over professional conduct

The Hong Kong Bar Association has reminded its members to exercise greater caution when posting on social media, warning that certain online content could breach professional conduct rules and undermine public confidence in the legal profession.

In a circular issued to all members on Tuesday, the Bar’s Executive Committee said it had observed a growing number of social media posts about barristers’ work and personal lives. It warned that publishing potentially misleading statements, or referring to matters such as income levels or win rates, could amount to a breach of the Bar’s Code of Conduct.

The committee said the decision to issue the circular was made at a meeting last Thursday to ensure members comply with professional standards when using social media.

According to the circular, members of the public may associate what barristers post online with their professional identity, and this could affect public confidence not only in individual lawyers but also in the profession as a whole. The Bar said barristers have a duty to uphold confidence in the administration of justice and should therefore be particularly careful about their conduct and remarks on social media.

The circular also cited provisions in the Code of Conduct and listed examples of social media content that could be problematic. These include potentially misleading statements, comparisons with or criticism of other barristers or professionals, and references to earnings or success rates.

The Bar’s website states that complaints about alleged breaches of the Code of Conduct are referred by the Executive Committee to the Bar Disciplinary Tribunal for a hearing. If a barrister is found guilty of professional misconduct, the tribunal may impose penalties including fines, suspension, or disbarment.

An unnamed barrister said he had not noticed any posts that were “too excessive,” but noted that some colleagues regularly share details of their court cases online. He said the Bar’s leadership might find such behavior “embarrassing” and be concerned about the possible disclosure of sensitive case information, which may have prompted the reminder.

The barrister added that it was acceptable for lawyers to introduce themselves on their chambers’ websites and list cases they had handled as part of their professional profiles.