I enjoyed being interviewed earlier this week by Travis Hise and Kara Prior of James Publishing. It’s always fun to have the opportunity to share social media and digital tips to help other lawyers build their brand and make an impact using social media.
The 7 Legal and Business Ethics of Twitter Marketing
I really enjoyed Thursday’s #TwitterSmarter Twitter Chat and post-show Facebook Live with Madalyn Sklar. The topic revolved around “The 7 Legal and Business Ethics of Twitter Marketing” (Twitter summary with questions and answers here) and then we did a post show follow-up via Facebook Live immediately thereafter (click here or watch below).
Do you interview guests on live video or podcasts? Are you using a pre-interview Agreement?
On this week’s episode of the LegalHour.live, my co-host and fellow attorney, Joey Vitale, and I explained why you need to use pre-interview agreements and also the exact clauses you should include in your agreements.
Podcast and Livevideo Pre-Interview Agreement Clauses:
1. Identify parties to the agreement.
2. Scope and nature of show.
3. Live, recording and repurposing rights.
4. Promotion and marketing rights.
5. Revenue and distribution rights.
6. Dispute resolution and venue
Depending How It’s Used, The “Attorney-Client Privilege” Can Be a Protective Shield Made Out Steel or Glass
After twenty minutes of legal wrangling in open court, Judge Kimba Wood ordered Michael Cohen’s attorney, Stephen Ryan, to disclose the name of Cohen’s third client. Although Ryan didn’t want to, he eventually said the name “Sean Hannity” which shocked everyone in the courtroom.
As a business owner, you need to know what the attorney-client privilege is and how it works. Even more important, you need to know how to use this privilege to protect your confidential information. In this post, I share 32 years of tips that will help keep your protective shield hard and strong.
But first, let’s revisit last Monday’s hearing and what happened. In response to a court order, President Donald Trump’s attorney, Michael Cohen, aka “The Fixer” through his own attorney advised the world that his client list included three people. He listed (1) Donald Trump (most recently relating to Cohen paying adult film star, Stormy Daniels, who she alleges Trump had sex with, $130,000 in hush money), (2) Republican fundraiser Elliott Broidy relating to a $1.6 million payout in hush money to keep his affair with a Playboy playmate and subsequent pregnancy, and now, (3) Sean Hannity (by the way, if your attorney needs an attorney to protect himself, then both he and you probably have legal problems).
Now keep in mind that Cohen and his lawyers had more than 48 hours to think about, discuss, and come up with his client list. Sharing these three names wasn’t something that happened unexpectedly or at the spur of the moment. It was an intentional disclosure of information pursuant Judge Kimba Wood’s order. Cohen believes that Hannity is his client.
For obvious reasons, including Sean Hannity’s name on The Fixer’s short client list now has everyone talking. People are wondering why Hannity never revealed to his viewers his conflict with Cohen when reporting the “news.” Others are asking, despite Cohen’s list, if Hannity really is Cohen’s client and whether or not any communications between Hannity and Cohen are protected by the attorney-client privilege.
So many issues and so little time. Let’s get started.
Can you legally monitor (listen in) or record someone else during a telephone call, podcast or live video show? I share my thoughts, and tips, in the above 2 minute video.
My advice for my fellow livestreamers is to always get the express permission of your guest(s) to record and use the podcast or live video conversation. Sure, you can always argue that it was implied that you had permission to record the private or public interview or conversation but written permission (text or email confirmation) is the best way to document consent, especially in a two-party state.
After watching this video, see if you know the answer to the following question: “You are in California and you interview a guest located in New York on your podcast or live video show. Do the laws of a one-party or two-party state apply?”
Related Issues Involving Audio
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2018 is almost completely booked and I’m starting to consider opportunities for 2019. Visit my speaking page at and let’s talk.