Social Media Backfires

John Bowie, LawFuel publisher

I’ve spoken to social media managers for law firms and published content at LawFuel long enough to know that when a lawyer has “this brilliant marketing idea,” I should probably reach for the antacid. Don’t get me wrong – I love creative marketing, but some attempts at “going viral” have aged about as well as a MySpace profile.

Let me share some real-world cautionary tales that’ll make you cringe harder than accidentally liking your ex-client’s 5-year-old Instagram post.

1. The TikTok Trial Prep Disaster of 2023

A Boston personal injury attorney thought it would be “relatable” to share behind-the-scenes trial prep on TikTok. The concept? Dancing while explaining evidence handling. The reality? Confidential client documents visible in the background, a horrified judge, and a viral moment that attracted the wrong kind of attention from the state bar association.

The Lesson: Social media and client confidentiality mix like oil and water. Triple-check every frame before posting, and maybe leave the dance moves for your firm’s holiday party.

In February 2023, a Miami family law firm decided to run a Valentine’s Day promotion offering a “Buy One Divorce, Get 50% Off Your Next” deal.

Complete with hearts and broken chain graphics, they promoted it across Instagram and Facebook. The backlash was swift, with domestic violence advocacy groups pointing out the tasteless nature of making light of family breakdown.

The Lesson: Just because you can make a joke doesn’t mean you should. Remember, behind every case is a real human story. Humor has its place, but not at the expense of sensitivity.

A senior partner at a prestigious NYC firm decided to go on LinkedIn Live to “set the record straight” about ongoing litigation. What was meant to be a professional clarification turned into an unscripted 20-minute rant about opposing counsel, complete with colorful language that would make a sailor blush. The clip spread faster than free coffee at a CLE event.

The Lesson: Emotions and live social media are a dangerous cocktail. Have a script, stick to it, and remember that professional composure isn’t just for the courtroom.

4. The Instagram Influencer Partnership Gone Wrong

A California criminal defense firm partnered with a local lifestyle influencer to create “day in the life” content. The influencer’s attempt to make criminal defense work look “glamorous” included staged client meetings (with actors) and mock courtroom scenes that violated multiple court rules about photography. The local bar association was not amused.

The Lesson: If you’re going to work with influencers, make sure they understand legal ethics guidelines. Better yet, create authentic content that showcases your real expertise without the Hollywood treatment.

5. The Twitter Thread That Became Evidence

A Washington D.C. attorney’s attempt to live-tweet insights during a high-profile case backfired when their commentary became evidence in a motion for mistrial. Their “helpful analysis” included speculation about jury reactions and critiques of witness testimony – while the trial was still ongoing.

The Lesson: Remember that everything you post can and will be used against you in a court of law (see what I did there?). When in doubt, wait it out.

The Takeaway

Social media marketing for law firms doesn’t have to be boring, but it does need to be thoughtful and preferably make a useful point.

Here’s your cheat sheet:

1. Always prioritize client confidentiality and ethical guidelines over engagement metrics. There are a multitude of ethical pitfalls when marketing via social media that you need to be aware of.
2. Run controversial content by your ethics committee (yes, even those “hilarious” memes) if you’re unsure. Or for small firms without the committee structure check with a trusted professional.
3. Keep it professional – you can be personable without being controversial and avoid providing legal advice.
4. Remember that your digital footprint is permanent and can impact your professional reputation
5. Focus on providing value rather than chasing viral moments

The most successful law firm social media strategies I’ve seen aren’t built on stunts or viral moments. They’re built on consistent, valuable content that demonstrates expertise while maintaining professionalism. Save the wild experiments for your sourdough starter, not your firm’s reputation.

And remember, unlike a bad courtroom objection, on social media, you can’t simply say “I withdraw my previous post” and make it all go away. Trust me, I’ve tried.

About the Author:

After spending two decades publishing law content and helping with social media for law firms, s well as content marketing strategies, LawFuel reaches an audience in the US, UK, Australia and its homebase in New Zealand. John can be contacted at john.bowie@lawfuel.com