Lawfluencers: legal professionalism on tiktok and youtube

• Pages: 507-538
• Date: 01 July 2024
• Published date: 01 July 2024
• Author: Anthony Song,Justine Rogers

Lawf‌luencers: Legal Professionalism on TikTok and

YouTube

ANTHONY SONG* AND JUSTINE ROGERS†

ABSTRACT

This Article investigates the rise of lawyer-inf‌luencers, or ‘lawf‌luencers,’ and

what their arrival means for legal professionalism. In today’s attention economy,

‘inf‌luencers’ are now central players. An inf‌luencer shares their knowledge and

lifestyle on social media to accumulate a ‘following.’ These inf‌luencers then mon-

etize their followers’ loyalty for commercial gain and/or cultural capital. Our

Article explains what lawf‌luencing is, focusing on TikTok and YouTube as the

two most prominent video-based social media platforms. It identif‌ies the drivers

behind, and technological features shaping, the appearance of inf‌luencing in law.

It also describes the types of videos lawyers are creating and what blends of pro-

fessional (trusted expert) versus amateur (authentic and approachable personal-

ities) they are striking. Our Article focuses on the implications of lawf‌luencing

for ‘professionalism,’ that is, the identities, expertise, values, and arrangements

that have typically characterized professional status. Lawf‌luencing might offer

greater access to justice for the public, and, for lawyers, new modes for creativity

and career progression. Still, this activity is occurring on the platforms of Big

Tech. It is subject, then, to their commercial imperatives and digital cultures, as

well as the audiences’ viewing preferences or what is known as the ‘algorithm.’

This Article outlines the ethical risks that inf‌luencing poses to clients and law-

yers, and the possible challenges presented to the legitimacy of the legal profes-

sion and the legal system. In the process, we identify responsible lawf‌luencing

practices.

TABLE OF CONTENTS

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 508

I. DEFINITIONS, FORMS, & DRIVERS. . . . . . . . . . . . . . . . . . . . . . . 513

* Research Fellow, Centre for the Future of the Legal Profession, Faculty of Law & Justice, UNSW

Sydney, Australia.

† Associate Professor, Faculty of Law & Justice, UNSW Sydney, Australia. All remaining errors are ours.

© 2024, Anthony Song & Justine Rogers.

507

A. WHAT IS ‘LAWFLUENCING’? . . . . . . . . . . . . . . . . . . . . . . . 513

B. WHAT ARE LAWFLUENCERS DOING? WHAT TYPES OF

VIDEOS AND OTHER PRODUCTS ARE THEY MAKING? . . . . 518

C. WHAT IS DRIVING THE ADVENT OF LAWFLUENCERS AND

SHAPING THEIR ACTIVITIES?. . . . . . . . . . . . . . . . . . . . . . . 522

II. IMPLICATIONS FOR PROFESSIONALISM . . . . . . . . . . . . . . . . . . . 527

A. ACCESS TO JUSTICE AND A LAWYER’S OTHER PUBLIC

INTEREST VALUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 527

B. THE LAWYER-CLIENT RELATIONSHIP, FIDUCIARY

OBLIGATIONS, AND CUSTOMISED CARE . . . . . . . . . . . . . . 531

C. LAWYERS’ AUTONOMY AND WELLBEING, THE LEGAL

PROFESSION, AND THE ADMINISTRATION OF JUSTICE . . . 534

CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537

INTRODUCTION

A man, wearing a glittering green tuxedo and a purple and yellow f‌loral tie,

dances to the camera, lip-syncing a Taylor Swift song. Raising his hands to the

camera to brandish chunky diamond rings, he twirls, steps back, and, with a f‌lour-

ish, waves goodbye to the viewer. At just twelve-seconds long, this video was

posted by U.S. lawyer Kevin Kennedy on his TikTok page (@kennedylawf‌irm).

1

Lawyer Kevin Kennedy (@kennedylawf‌irm), TIKTOK (Nov. 15, 2022), https://www.tiktok.com/@

kennedylawf‌irm/video/7166347282827185454 [https://perma.cc/7XEN-RRTV]. For the purposes of our Article,

the use of the @ symbol is used to signal a TikTok Account.

On the post are the hashtags: #kevsgotyoucovered #lawyer #dance #bejeweled

#shimmer #glitter #taylorswift #fyp #foryou.

2

Id. A hashtag is a word or phrase preceded by a # symbol used on social media to categorize messages to

specif‌ic topics. #fyp is an acronym popularised by TikTok meaning ‘For You Page,’ referring to the frontpage

of TikTok that is f‌illed with recommended content and videos. Creators use this hashtag to try and get their

video on the ‘For You Page’ for other users to increase views and visibility. See Chloe West, TikTok hashtags:

How to use the best hashtags for more views in 2024, SPROUT SOCIAL (Jan. 17, 2024), https://sproutsocial.com/

insights/tiktok-hashtags/ [perma.cc/37UK-FVMQ]; FYP, HOOTSUITE, https://blog.hootsuite.com/social-media-

def‌initions/fyp/ [perma.cc/T2V8-C3MN] (last visited Aug. 23, 2024).

This video attracted 31,000 likes

and 454 comments on TikTok, the social media platform that allows users to cre-

ate and share f‌ifteen-second to sixty-minute videos.

3

1.

2.

3. Although the upward limit of video uploads on TikTok is now 60 minutes, the platform’s algorithm still

heavily prioritizes “bite-sized” entertainment. See Camera tools, T

IKTOK, https://support.tiktok.com/en/using-

tiktok/creating-videos/camera-tools [perma.cc/P5VL-RHWX] (last visited Aug. 23, 2024); Adam Birney,

What is the maximum length for a TikTok video in 2024?, ANDROID AUTHORITY (Aug. 21, 2024), https://www.

androidauthority.com/how-long-are-tiktok-videos-3163309/ [perma.cc/2GWQ-23DW].

508 THE GEORGETOWN JOURNAL OF LEGAL ETHICS [Vol. 37:507

Kennedy is known

4

Stephanie Harper, Kevin Kennedy’s Law Firm TikTok Page Is Reminding People of ‘Better Call Saul’,

DISTRACTIFY (Aug. 19, 2022), https://www.distractify.com/p/kennedy-law-f‌irm-tiktok [https://perma.cc/

4YXK-M4W3]; Kev Kennedy/Kennedy Law Firm, KNOW YOUR MEME, https://knowyourmeme.com/memes/

people/kev-kennedy-kennedy-law-f‌irm [https://perma.cc/VAY6-5A3U](last visited Feb. 19, 2024).

for resembling the slick, f‌ictional lawyer Saul Goodman,

of the American crime drama Better Call Saul—a persona Kennedy has seem-

ingly embraced as part of his self-presentation online.

5

Saul Goodman is a f‌ictional character from the television series Breaking Bad and its prequel spin-off, Better

Call Saul. Saul’s character is known for his pluckish charm and moral ambiguity. See Saul Goodman, W

IKIPEDIA,

https://en.wikipedia.org/wiki/Saul_Goodman [https://perma.cc/LJR4-B7A5] (last visited Mar. 12, 2024).

In the video just described,

by singing a Taylor Swift song, Kennedy is referencing a then-recent event in

which Ticketmaster’s website crashed due to overwhelming demand for Swift’s

concert tickets.

6

Andrew Limbong, Taylor Swift’s Fans Caused Ticketmaster to Crash and Lawmakers Are Demanding

Answers, NPR (Nov. 17, 2022), https://www.npr.org/2022/11/17/1137501868/taylor-swifts-fans-caused-

ticketmaster-to-crash-and-lawmakers-are-demanding-answ [https://perma.cc/E6RC-8T9J].

Fans vented their frustration on social media and joined lawsuits

against the ticket sales company.

7

Peter Cohan, Swifties’ Suit Seeks $2,500 Per Ticketmaster Antitrust Violation, FORBES (Dec. 6, 2022),

https://www.forbes.com/sites/petercohan/2022/12/06/swifties-suit-seeks-2500-per-ticketmaster-antitrust-violation/

[https://perma.cc/7WEY-9AVG].

Elsewhere across cyberspace, Leeja Miller, a legal content creator, begins a

livestream (a video occurring in real time) on her YouTube channel, ‘Leeja

Live.’

8

Leeja Miller (@LeejaLive), Leeja Live, YOUTUBE, https://www.youtube.com/@leejalive [https://perma.

cc/HMF6-P7ET] (last visited Feb. 19, 2024).

In the livestream titled ‘Lawyer Reacts to Taylor Swift/Ticketmaster

Drama,’ Miller provides her legal opinion on the case and responds directly to the

live comments and questions rolling in from viewers.

9

Leeja Miller (@LeejaLive), Lawyer Reacts to Taylor Swift/Ticketmaster Drama, YOUTUBE (Nov. 17,

2022), https://www.youtube.com/watch?v=oknIVf1Vw2U [https://perma.cc/N9JH-EZTF].

Miller does not give any

verbal or written disclaimers in the video about whether what she is saying

amounts to legal advice. The only disclaimer appears at the very bottom of the

video description, which, to see, requires the viewer to click the button, ‘Show

more.’

10

Id. YouTube video descriptions are usually minimized, for attention-poor viewers, to simplify layout,

and to hide any less-than-engaging elements. Viewers must click ‘Show more’ for the full video description.

To see how to view a video description on desktop and mobile see Dan Currier (@DanCurrier), How to View

Description on YouTube, YOUTUBE (Sep. 14, 2020), https://www.youtube.com/watch?app=desktop&v=

M9lmUNw32qw&t=0 [perma.cc/9CWE-6WE5]

Above the disclaimer are aff‌iliate links (weblinks that earn a commis-

sion) to various products, including makeup, f‌ilming equipment, and hair prod-

ucts.

11

Miller’s video is one among many on YouTube in which lawyers shared

their reactions to the event.

12

4.

5.

6.

7.

8.

9.

10.

11. See Miller, supra note 9.

12. Tyler Chou, Lawyer REACTS to Ticketmaster and Taylor Swift Drama, YOUTUBE (Nov. 21, 2022),

https://www.youtube.com/watch?v=CRGgzpJvqP0 [https://perma.cc/ZL63-U6AH]; LegalBytes, Why the

Taylor Swift Ticketmaster Case Won’t Go Far, YOUTUBE (Dec. 8, 2022), https://www.youtube.com/watch?v=

hgYzEYMGuXo [https://perma.cc/2RG7-HB27]; Top Music Attorney, Lawyer Reacts to Taylor Swift

Ticketmaster DRAMA, YOUTUBE (Nov. 21, 2022), https://www.youtube.com/watch?v=X8QwlBvQsJI [https://

perma.cc/6EYR-FN9L].

2024] LAWFLUENCERS 509