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 monetize 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 professional (trusted expert) versus amateur (authentic and approachable personalities) 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 lawyers, and the possible challenges presented to the legitimacy of the legal profession and the legal system. In the process, we identify responsible lawfluencing practices.

Keep Reading