Gregory G. Brown, Esq. of Irvine-based business, family and trial law firm Brown & Charbonneau, says that while Kardashian West might not have recorded the video, she "does have exposure" for sharing the phone call clip on social media.
"It could be argued that she 'aided and abetted' or 'advised and encouraged' the crime," Brown says. "If so, she can be treated as a principle in the case."
The reality star and her husband "consulted lawyers a while ago about it," a Kardashian source tells PEOPLE exclusively. "They're not necessarily expecting to be sued but are aware it's a possibility."
Still, "they felt it was important to get the truth out there," says the source, who adds that the couple never intended to use the footage of the call on Keeping Up with the Kardashians. Another insider adds that when calls are recorded on KUWTK, "both parties are aware and sign off."
In California, it is a felony to record or eavesdrop on any confidential communication without the consent of all those involved, Brown said. Multiple sources previously confirmed to PEOPLE that West recorded the call about "Famous" from Los Angeles and that the rapper did not tell Swift at the start of the conversation that he was recording. Swift also wrote on Instagram that the conversation – during which she can be heard approving the controversial lyrics "I feel like me and Taylor might still have sex" – was "secretly" recorded.
