My Two Cents: Should Attorneys in the United States be advertising on TikTok?
Last week, the CEO of TikTok, Shou Chew, was grilled by Congressional leaders on both sides of the aisle over his product. There are some very legitimate concerns about children's welfare, misinformation, and potential illegal personal data gathering. (I am not going to get into the discussion of whether children should be on TikTok as that age group is not the market attorneys are focused on. As for misinformation, once it rises to a level of Elon Musk's interference Twitter, then I'll reevaluate my use of it). While government surveillance is a major concern for internet users, Congress has yet to produce any evidence showing that TikTok is working with or controlled by the Chinese Communist Party.
So, should solo and small-firm practitioners in the United States advertise on TikTok as a way to increase their market for potential new clients? First, video marketing is becoming increasingly popular. Lovely Law, a law firm based in California, is an example of a successful TikTok user who has been able to attract potential clients by creating relevant personal injury content on the platform. By creating law firm TikTok marketing, lawyers can make content that addresses common legal misconceptions and explain complex legal topics in an easy-to-understand manner.
Almost half of America is on TikTok! There is a great potential to tap into a new market and expose yourself to new clients who you may not have been exposed to otherwise. Either way, this can be a great way to increase a firm's Brand awareness. It is important for law firms to have a well-thought-out marketing strategy that includes content that makes TikTok relevant to your practice areas.
But let me be clear when I say "advertising," I don't mean your traditional advertising. Similar to TV & Radio commercial advertising, you have to be careful. You must mind your bar ethics: Your TikTok posts should not offer legal advice or create an attorney-client relationship. Your TikTok ads should generally not offer services in jurisdictions where you are not licensed (there can be a whole separate discussion about possible exceptions, e.g., pro hoc vice and federal law representation, but that will need to be another day). But, you can offer general information.
When done right, TikTok can be a viable marketing platform for lawyers to explore. Just make sure you follow your bar rules and any other jurisdiction where TikTok videos may be viewed. As for any concerns regarding the Chinese Government spying on you and gathering your information, you always need to be mindful of what you put on the internet, especially Personal Identifiable Information (PII).
Meanwhile, until I see proof that any government is illegally using a social media app to gather PII, I’ll keep my Facebook, Instagram, TikTok, etc. PS: Remember, I got off of Twitter for a reason that I’m not currently seeing with these other platforms. But I will once I see evidence of a problem.
MTC.