Ethical Pitfalls to Avoid When Podcasting as a Lawyer
As you might already know, podcasting is an amazing way to share legal insights, build your brand and maybe even have a little fun while doing it. And hey, if you don’t know you can find out here. But there’s a catch: as an attorney, your mic isn’t just a microphone- it’s a potential ethical landmine. One wrong move and you could be facing more than just bad reviews; we’re talking bar complaints, malpractice risks, and maybe even a feature in a very unflattering news article.
So before you press “record” and start discussing the latest courtroom drama, let’s make sure your legal podcast isn’t setting you up for trouble. From keeping attorney-client privilege intact to
avoiding misleading claims, we’re covering the biggest ethical pitfalls that lawyers need to dodge in the podcasting world. Think of this as your pre-podcast checklist—except instead of filing deadlines, we’re making sure you don’t accidentally commit professional misconduct over a WiFi connection. Sound good? Let’s dive in.
1. The Fine Line Between Education and Legal Advice
Look, your podcast isn’t a free consultation—unless you want to be drowning in unsolicited emails asking for personalized legal help. But here’s the problem: If you’re not careful, what sounds like general legal information can easily be mistaken for legal advice. And that’s when things get tricky.
Even if you clearly state that your podcast is for informational purposes only, a listener might still rely on your words and take action—then blame you when things go sideways. Worse? If your advice isn’t state-specific, you could be inadvertently giving out incorrect legal guidance.
The Fix:
1. Add a disclaimer. Every. Single. Time. A quick “This is for informational purposes only and does not create an attorney-client relationship” at the start of every episode is non-negotiable.
2. Keep it broad. Instead of saying, “If you’re in this situation, you should file X document,” say, “Some people in this situation consider filing X, but the right approach depends on individual circumstances.”
3. If you discuss a specific case, make it crystal clear that laws vary by state and fact pattern.
2. Attorney-Client Privilege
Here’s a nightmare scenario: You casually mention a past case on your podcast, thinking you’ve been vague enough. Then—bam—you get a call from an unhappy former client who realizes you’re talking about their case.
Confidentiality rules don’t stop just because you swapped your law office for a microphone. Even if a client’s name isn’t mentioned, revealing enough details for them to be identified could land you in hot water.
The Fix:
1. Never discuss client cases unless you have explicit, written consent—and even then, be cautious.
2. Use hypotheticals. Instead of “I had a client who sued their landlord and won,” say, “In some landlord-tenant disputes, tenants may have strong claims when X happens.”
3. If a case is public record, it’s fair game—but be mindful of client sensitivities.
3. The Unauthorized Practice of Law (UPL) Trap
Your podcast isn’t just reaching your home state—it’s reaching every state. And if you start answering specific legal questions or diving too deep into jurisdiction-specific laws, you might accidentally cross into unauthorized practice of law (UPL) territory.
Each state has different rules on what constitutes UPL, but the general rule is this: If someone outside your licensed jurisdiction acts on your podcast’s content as if it were legal advice, you could be in trouble.
The Fix:
1. Stick to general legal principles rather than state-specific rules.
2. If you do discuss jurisdictional differences, make it clear you’re not giving legal advice for any particular state.
3. Remind listeners to consult a lawyer licensed in their jurisdiction for specific advice.
4. Marketing Ethics
Let’s talk about another ethical pitfall—marketing. Your podcast is part of your brand, which means it falls under the same advertising rules as your website or business cards. And if you’re making claims about your legal abilities, you’d better be able to back them up.
Did you say you’re “the best” at a certain type of case? That’s a potential ethics violation. Did you imply guaranteed results? That’s a problem, too. Even subtle things, like a podcast episode titled “How to Win Any Personal Injury Case,” could be considered misleading.
The Fix:
1. Avoid superlatives like “best,” “top,” or “most successful” unless you have a legitimate, verifiable ranking to back it up.
2. Stay away from promises or guarantees about case outcomes.
3. Include proper disclaimers that your podcast is part of your general legal commentary, not a direct solicitation for legal services.
5. Conflicts of Interest
Imagine you discuss a high-profile case on your podcast. A week later, someone involved in that case reaches out for representation. Now you have a potential conflict of interest.
Even worse? You could unknowingly talk about a case that one of your firm’s attorneys is working on—potentially breaching confidentiality and ethical rules.
6. Misrepresentation
Your podcast is a reflection of you, but if it creates a misleading impression about your practice, that’s an ethics issue.
Are you giving the impression that you specialize in an area you don’t actually focus on? Are you presenting yourself as a legal expert on a niche topic without real credentials to back it up? That’s a problem.
The Fix:
1. Be honest about your experience and expertise.
2. Avoid calling yourself a “specialist” unless you have a recognized certification to back it up.
3. If you bring on guests, make sure their credentials are accurate and not misleading.
Stay Smart, Stay Ethical
Podcasting is a fantastic way for lawyers to connect with the public, educate people about the law, and grow their practice. But it also comes with real ethical risks.
The good news? A few smart precautions—like clear disclaimers, careful topic selection, and a strong understanding of marketing ethics—can keep you in the clear.
So go ahead, launch that legal podcast. Just make sure you’re dodging ethical pitfalls faster than opposing counsel dodges discovery deadlines.
And if you need guidance on podcasting ethically, consult your state bar’s rules—because when it comes to legal ethics, an ounce of prevention is worth a pound of bar complaints.
To get started on your podcast, contact us at (512) 254-2637 or contact us here.