The New TikTok Generation of Lawyers: A Challenge for Big Law

Having recently read an interesting article by Meghan Tribe it helps understand how the intersection of social media and the traditional world of law firms is an evolving frontier, with platforms like TikTok increasingly clashing with the established norms of big law. The growing trend of lawyers as influencers is creating a new set of challenges for legal firms that must balance the desire for control over their associates' activities with the realities of a digitally-driven society.

Traditionally, law firms have maintained a conservative stance, exercising a significant degree of control over their associates' lives. However, the rise of TikTok and its use by lawyers is challenging this paradigm. Eni Popoola, a former associate at Cravath, Swaine & Moore, left her job due to conflicts over her paid partnerships on TikTok. Similarly, Priscilla Hamilton, an associate at Simpson Thacher & Bartlett, was told that paid posts would constitute a conflict of interest.

This issue is representative of a generational shift, with the first generation of associates who have grown up with social media now joining the professional world. As a result, firms are grappling with how to handle these changes. The lack of consistent policies regarding the use of social media platforms such as TikTok is contributing to the tension. Firms must now seek to balance their traditional norms with the realities of a younger cohort living a significant portion of their lives online.

TikTok's rise as a platform for marketers and influencers is undeniable. With the capacity to build massive communities and audiences, TikTok has revolutionized the short-form video space. Lawyers-turned-influencers have capitalized on this, gaining large followings and potentially significant incomes from sponsored posts.

The monetization potential of TikTok presents a unique challenge to law firms, with their associates potentially earning significant side incomes from their online activities. However, it's not only about the money. TikTok provides a platform for lawyers to connect with potential clients, influence people, and enhance their firm's reputation.

Despite the potential benefits, there are inherent risks. Paid collaborations can present conflicts of interest, particularly if an associate is asked to represent a competitor of a client on a public platform. Additionally, any brand advocacy or sponsorship opportunities must go through a thorough conflicts review process.

The rise of TikTok and the emergence of lawyer-influencers underline the necessity for law firms to adapt to the changing times. Firms need to establish clear, well-thought-out policies that allow associates to navigate the world of social media while maintaining professional conduct. Firms must recognize the value of these platforms and their potential for business development.

Law firms must acknowledge the diversity of backgrounds and circumstances that lead associates to use platforms like TikTok. This includes understanding that some associates may be using these platforms as a source of side income. As Holly Lentz Kleeman, Chief Business Officer at Fox Rothschild, aptly puts it, firms need to be "relevant for the generations coming up and not afraid of new things."

We believe the intersection of TikTok and big law is a testament to the broader changes happening in the professional world due to the rise of digital media. While traditional norms have their place, it is clear that law firms must adapt to the realities of a digital world. The challenge lies in navigating this new frontier in a way that respects the rights of associates, safeguards the interests of the firm, and upholds the ethical standards of the legal profession.

Although the headline includes Big Law, these platforms have significant implications for small to medium-sized law firms as well. Here are a few key points you need to consider:

1. Embracing Digital Culture: The popularity of social media platforms like TikTok among new generations of lawyers can't be ignored. These platforms can provide a powerful tool for branding, marketing, and recruitment. Small to medium law firms can use them as a cost-effective way to increase their visibility and reach a wider audience.

2. Creating Clear Social Media Policies: This article underscores the importance of having clear and consistent policies regarding the use of social media. These policies should outline what is acceptable in terms of online behavior, potential conflicts of interest, and how to handle paid partnerships or sponsorships. By addressing these issues proactively, firms can avoid potential conflicts and confusion.

3. Recruitment and Retention: To attract and retain younger lawyers who have grown up in the digital age, firms may need to demonstrate a degree of flexibility regarding social media use. An overly restrictive policy may deter potential recruits or lead to dissatisfaction among current staff.

4. Leveraging Lawyers as Influencers: As the article points out, some lawyers are gaining large followings on platforms like TikTok. These lawyers-turned-influencers can be valuable assets for a firm, helping to draw in potential clients and increase the firm's reputation.

5. Potential Conflicts of Interest: While there are many potential benefits to lawyers using platforms like TikTok, there are also risks. Firms need to be aware of potential conflicts of interest and ensure they have processes in place to manage them.

The emergence of platforms like TikTok and the trend of lawyers becoming influencers presents both opportunities and challenges for small to medium-sized law firms. By embracing these changes and proactively managing potential risks, these firms can leverage the power of social media to their advantage.