An online presence is important. This same statement may not have been true ten years ago, but today the internet is so prevalent it seems that professionals ignore its power at their own peril. While it may seem unnecessary for lawyers to be active online (through Twitter, blog posts etc.) this is quickly changing. After all, law is a competitive industry with firms fighting tooth and nail for every billable hour they can get. If a lawyer can increase their client base through online networking they would be a fool not to do so, some say.

However, participating in the online community does come with drawbacks. The informality of the internet encourages off-the-cuff remarks to fast-moving events. This type-before-you-think ethos is of particular harm to lawyers who not only have to worry about their professional reputation but also must be sure to be on the right side of the profession’s code of ethics. An off-colour joke made on Twitter can be devastating to anyone’s reputation, but as lawyers are held to an exceptionally high standard of conduct this type of behavior is especially risky.

I particularly wonder about this for lawyers in the public sphere. While private lawyers may rely on their reputation to secure clients, public lawyers are in a slightly different position as they receive work purely through their position as a government employee. Marketing oneself to the public won’t do much to increase the client roster of a Crown prosecutor, as they don’t have “clients” in the traditional sense of the word. So when public lawyers see little or no marketing benefit from an online presence, the drawbacks of this type of networking come to the fore. All lawyers are held to a high standard, but this is particularly true for public lawyers. They are seen as extensions of the government, and in some cases of the justice system itself. Appearing funny and relatable online may be a benefit for a private lawyer, but the public wants its criminal prosecutors to be serious above all else. Being too accessible online can be a detriment to a prosecutor who needs to appear unbiased at all times.

 In addition to the lack of professionalism that may come from an active online presence, there are also potential safety concerns. This was made very clear by one law professor (who I will not name) who requested that no one record or film his class. This request was not due to the fact that he didn’t like his voice on tape (although he admitted this to be true), but rather because as a BC Crown prosecutor he has had serious threats made against his life. Keeping all current pictures of himself off the web is something that he does to ensure his safety from such threatening individuals. While this is of course an extreme example, it illustrates just how high the stakes can be for some lawyers.

 The internet is a powerful tool. And as such, it must be used carefully. For some, it is an easy and cheap way to engage in online networking and marketing, which is essential to their success as a lawyer. For others, it presents more problems than benefits. It is because of this that everyone must think clearly before diving headfirst into the creation of a professional, online persona.