"Blogs" [Web logs] --should you have one?

A large and growing number of attorneys and law firms host a "blog" [short for Web log]. Like this one.

Blogs can resemble a journal or diary. They might be thought of as halfway between an email or forum post and a more permanent Website. Blogs have been described as "real-time media." Their immediacy is compelling.

Such informal immediacy also presents its share of problems worthy of pondering.

Though there are many types of legal blogs all share certain characteristics. Attorney or law firm blogs exist primarily for the purpose of practice building and rainmaking though they might overlap into other areas.

Some legal blogs might fall under the heading of "legal information." Such a blog might provide facts about causes of action or the workings of the legal system. They may offer links to resources such as bar organizations, or serve as an interface with Legal Aid or Access to Justice programs. Some offer live feeds or links to news media concerning the law. Some feature photos or other non-text content.

Other legal blogs might better be labeled "law and politics." Such blogs venture in the direction of the volatile nexus of law and public policy. Little about the practice of law is unaffected by political change and these attorney bloggers dare to offer commentary and critique.

Some legal blogs straddle the line between the law and some other subject. One example is this attorney who blogs about law, public policy, and the history and architecture of the city where he lives and grew up.

Some legal blogs are the effort of one person using simple and readily available Internet software. Like this one you are reading. Other legal blogs are part of special purpose national networks that offer a powerful and resource-rich opportunities for spreading a specific message. [i.e. this network for personal injury attorneys.]

All legal blogs present certain hazards you should be aware of before joining the ranks of legal bloggers.

1) Blogs are public. Blogging your critique of --for example-- a judge you feel is biased or less than competent, or chiming in about some controversial political topic, present the same hazards as putting that same opinion in a letter in the local newspaper. Do not allow yourself to be fooled into thinking of your blog as "private" unless you do not publish it on the Internet at all.

You may decide you don't mind offering such critique in public. And that is your decision to make. Just don't post on a blog under the mistaken impression that what you write is less than public.

2) Blogging about anything at all will almost certainly reflect upon your law practice. You can be and will be judged by clients, prospective clients, other bar members, senior partners, the legal profession and the public based on your blog. Even if your blog concerns NASCAR, modern architecture, cooking, your pets or your martial arts hobby.

3) Blogging is communicating information and you should view your blog through the filter of professional ethics. Are you answering questions or offering legal advice that might create [in reality or just subjectively] the appearance of an attorney-client relationship? Do your offered opinions cross the line regarding any applicable limitations on "attorney free speech" under your bar associations guidelines? Is it advertising? Are your publicly available comments going to create any conflict of interest with a client?

4) The Internet is forever. Anything you write in a blog [or publish anywhere on the Internet] can be accessed, viewed, linked, archived, copied and otherwise spread like virus. Once posted your blog content is almost impossible to eradicate as it echoes across the vast realms of the Internet.

As you consider topics for your blog think not only about current concerns but about the future. Do you ever contemplate running for office or seeking a judicial appointment? If so you might want to choose topics for your blog according to the old saw regarding attire: "Dress for the job you want." In this case you should blog with an eye towards the career you want to have.

Might you ever leave your insurance defense firm and join a plaintiff's practice? Maybe you are a 26-year old new associate who hasn't looked that far down the road. I suggest you stop and think about your future before posting comments that might work to limit your future career choices. Maybe you are a happy, secure mid-career junior partner who has never really given much thought to your firm breaking up and having to seek a new position. Look around you and talk to your peers; firms dissolve all the time, even well-established firms like yours. Don't unnecessarily burn any bridges, a priori.

Life is volatile and ever-changing. Do not plant a blog seed now that could grow into the reputation ruining equivalent of poison ivy later.

[NOTE: After this post was written the ABA Journal featured an article on legal blogs: "The Blawg 100 Best of the Blogosphere".] This is a wonderful resource for experiencing the many facets of legal blogging.