Can attorneys be held liable for social media posts and does insurance cover it?

Social media creates a growing area of liability exposure for attorneys. Posts about case outcomes, legal commentary, client testimonials, or criticism of opposing parties can trigger malpractice claims, defamation lawsuits, bar complaints, and advertising compliance violations. Whether your insurance responds depends on the nature of the claim and your specific policy terms.

If a social media post constitutes legal advice that a reader relies upon to their detriment, the resulting claim may be covered under your malpractice policy as a professional services error. For example, posting generalized legal guidance that a prospective client follows and suffers harm from could give rise to an argument that an attorney-client relationship was created. Your malpractice policy would typically cover the defense of such a claim, even if the underlying theory is weak.

Defamation claims arising from social media posts about opposing counsel, judges, parties, or witnesses present a different coverage question. Standard malpractice policies typically cover defamation that arises out of the rendering of professional legal services. However, if the post is deemed personal rather than professional, or if it involves intentional conduct, coverage may be excluded. A commercial general liability policy may provide personal and advertising injury coverage for defamation, but many CGL policies exclude professional services.

Bar disciplinary proceedings triggered by social media violations, such as advertising rule violations, confidentiality breaches, or conduct prejudicial to the administration of justice, may be covered under your malpractice policy's disciplinary defense sublimit. Review your policy to confirm this coverage exists and understand its limits. As a risk management practice, establish a firm-wide social media policy that addresses what attorneys may post about cases, clients, and legal topics, and require review of any content that references specific matters.