Lawyers considering a podcast face a unique set of challenges, primarily revolving around professional ethics. Many attorneys hesitate to market their practices through audio media, fearing that recording live conversations could inadvertently create attorney-client relationships or lead to providing unauthorized legal advice. Hosting a podcast is a great way for a lawyer to build reputation and authority, but podcasts may appear to be the scariest medium — I mean, after all, you’re recording live conversations. This fear often stops lawyers from exploring a medium that offers significant potential, but it doesn’t have to.
Before launching a legal podcast, attorneys must develop a strategic game plan to work through the professional environment. While the ethical rules may seem daunting, they are not insurmountable obstacles to a successful marketing campaign. Attorneys are often adept at identifying potential downsides, which can sometimes paralyze them before starting a new endeavor. However, with proper preparation and awareness of the regulations, lawyers can utilize podcasting as a legitimate tool for establishing reputation and authority without compromising their professional standing.
Managing Risk Through Disclaimers
The most effective tool for mitigating these risks is a clear disclaimer. Lawyers can place these statements in their podcast feed descriptions, on hosting websites, or even read directly into the recording. The standard disclaimer should state that listening to or watching the podcast does not create an attorney-client relationship and that the content is for informational or entertainment purposes only, not legal advice. While audio lacks the visual cues of a website, the spoken disclaimer serves the same function: it sets a boundary between entertainment and professional counsel.
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Transcripts of the podcast should also include this language. This ensures that anyone reading the text version of the episode receives the same warning. By treating the podcast feed like a law firm website, attorneys can maintain the same level of transparency they use in other digital marketing channels. To further protect the firm, hosts can record a disclaimer once and insert it into the final recording, or create a humorous variation for each episode, though the core message regarding the lack of attorney-client privilege must remain consistent.
Handling Guest Conduct
Guests on legal podcasts often lack an understanding of professional ethics rules, which can lead to risky statements during interviews. While it is unrealistic to expect guests to memorize jurisdiction-specific ethics codes before appearing on a show, hosts should provide guidance. This guidance can be sent via email prior to the recording date. It should include general expectations about avoiding conversations about active cases or discoverable matters. Since most podcasts are pre-recorded, hosts have the ability to edit out any comments that cross ethical lines before the episode goes live.
Hosts should also consider the specific background of their guests. If a guest is a practicing lawyer, the host can discuss how they plan to approach ethical issues before the show begins. For guests who are not lawyers, the host must be particularly vigilant to prevent them from asking for legal advice during the conversation. Providing a brief email outlining ethical requirements ensures that the guest understands the boundaries of the discussion, preventing the host from being drawn into unauthorized advice.
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The Multijurisdictional Challenge
Another concern for lawyers is whether broadcasting a podcast from one state constitutes the unauthorized practice of law in another. The internet is everywhere, so if you broadcast a podcast from your office in Chicago, someone in Timbuktu — or, more concerningly, Wisconsin — could be listening. Are you practicing law in a jurisdiction where you aren’t licensed just because they downloaded your episode? While the ABA Model Rules on multijurisdictional practice are always hovering like a raincloud, handling legal ethics and podcasting across state lines is relatively painless. Again, your disclaimer does the heavy lifting. Simply state where you are licensed to practice law right at the top of the show and in show notes. You don’t need a passport to host a podcast, just a little geographical transparency.
Staying on Script
Preparation is the final key to ethical podcasting. Hosts should prepare scripts or detailed outlines to keep the conversation on track. This control allows the attorney to avoid hyperbole and unsubstantiated claims, which are frequent sources of ethics complaints. Calling yourself the “best” attorney (unprovable) or comparing yourself to another attorney is just inviting an ethics complaint, especially when you’re doing it in a format as public as a podcast. Lots of referral sources and potential clients are interested in your actual experience and demonstrated reputation. Not only is it against the lawyers’ ethics canon to say false or misleading things, but it also doesn’t serve a viable marketing purpose. Podcasting like a pro means preparing for your episodes and ensuring that your guests are aware of your process, as well as your obligations as an attorney. That may not seem like tons of fun, but even race car drivers wear seatbelts (and diapers).
