July 2009

Law Blogging

Washington Lawyers Find Blogs a Valuable Tool

by Michael Reitz

In June, Bar News published WSBA member Grace Healy's first-person account of her foray into blogging. We have since heard from other WSBA members who have ventured into the expanding world of law-related blogs. This piece by Michael Reitz surveys several of these efforts and addresses the effects of blogging on the practice of law.

To blog or not to blog: that is the question. It isn't as if lawyers aren't busy enough — balancing the demands of job, family, social obligations, and charitable work. Why add a new, non-billable activity to one's calendar? Just ask the lawyers who are blazing a cyber-trail here in the Northwest.

Marketing Magic

►Why blog? "Simple," says Greg Overstreet, a principal of Allied Law Group. "It's fun, it's good for business, and it allows me to advocate for a right I care very deeply about." Based in Olympia, Overstreet runs the firm's Open Government Blog (www.og-blog.com), reviewing news, legislation, and cases that involve the state's Public Records and Open Public Meetings acts. One of his primary reasons for the site is to "maintain the firm's profile among our client groups." The biggest surprise for Overstreet? "Our clients get hooked reading the blog."

Overstreet frequently gets calls from news reporters who need an expert quote for a specific dispute. Weeks later, he will hear from a potential client who read the newspaper story. The blog earns him a quasi-journalist status, with people sending tips and insider information about open-government issues from around the state. (A reporter once asked Overstreet to hold a story, telling him, "I can't get scooped by a blogger.")

►D. Jill Pugh, of Seattle, agrees that blogging has a direct business benefit. "I easily get two or three clients a week because of the blog," she said. An employment lawyer running her own practice, Pugh maintains two blogs: the Employment Law Blog (www.employmentlawwa.com) and the Employee Handbooks Blog (www.djillpugh.typepad.com/employee_handbooks). Pugh began blogging three years ago after recommendations from several marketing experts. She had yet to create a firm website, and saw a blog as an easy, low-cost alternative.

Blogging improves the visibility of Pugh's firm. "It's marketing magic for a solo practitioner — it's a way to compete with the big guy," she says. Writing about employment issues has created speaking engagements, media interviews, and other professional networking opportunities.

►Venkat Balasubramani, of Balasubramani Law in Seattle, started his Spam Notes blog (www.spamnotes.com) in July 2006, where he writes about privacy, data protection, and legal issues related to social networks. "I was doing a lot of spam cases and there were a ton of interesting issues that were not being covered by commentators," he said. "I followed the cases in this area pretty closely, and I thought it would be fun to share my insights."

Given the ubiquitous nature of the Internet, Balasubramani has formed connections with other lawyers, academics, and tech experts. "I enjoy the exchange that happens," he said. He tells the story of arguing a case before the Washington State Supreme Court that dealt with whether state campaign finance law prohibited campaign lies. (Rickert v. Public Disclosure Commission, 161 Wn.2d 843 (2007)). Some months later, he discovered that Justice Tom Chambers maintains a blog, on which Justice Chambers explained his concurring opinion in the case. "It's cool as a blogger to see a judge blog about a case you argued," said Balasubramani.

The discipline of posting fresh content forces these attorneys to stay abreast of developments in the law. Overstreet also relies on his blog as an archive. He once had five minutes to prepare for a presentation on why access to public records is important. He ran a search on his blog and came up with a dozen examples of information discovered through public records requests. "It's my own little filing cabinet," he said.

Enhancing the Image of the Profession

Legal blogs, however, offer more than individualized benefits. The new platform is good for the legal profession, says Kevin O'Keefe, a leading voice in the online law community. After practicing for 17 years, O'Keefe launched LexBlog (www.LexBlog.com), based in Seattle, which has created hundreds of blogs for lawyers —from solos to the largest firms in the country. "Any medium that allows lawyers to break down barriers with clients and the public, and allows them to become more transparent and improve the image of the profession . . . these are wonderful things," said O'Keefe.

Balasubramani has written about the role of blogs in improving the legal profession. "More information is always better," he says, "and blogs are a great way to explain decisions and make the law more accessible." Blogs create public accountability, permit potential clients to evaluate lawyers, and can have a moderating effect on overzealous litigators. He calls the Internet "a giant Rule 11 committee." Given the slow death of traditional journalism, legal reporting and analysis increasingly will be entrusted to lawyers who write about their practice areas.

Attorneys in private practice are not alone in using this new communication tool: government lawyers also see the potential. In June 2007, Washington Attorney General Rob McKenna was one of the first to launch a blog in his capacity as the state's chief legal officer. The AG's blog, All Consuming (www.atg.wa.gov/allconsuming.aspx), took a bold stand (for government blogs, at least) by allowing user comments. As a result, the blog has become a gateway for residents to voice concerns to the attorney general. "The most effective blogs allow two-way communications," says Kristin Alexander, the AG's media relations manager, who does most of the blogging at All Consuming.

For example, last year All Consuming featured a short post about DISH Network dropping certain stations from its lineup. The blog was flooded with outraged comments and questions from readers. Interest was so high that Attorney General McKenna published a lengthy column addressing the background of the dispute, which largely resolved the complaints his office received.

Yes, But . . .

Blogging, of course, is not without its challenges. The most obvious is the time required to maintain an interesting, well-written, and accurate blog. "I'm a terrible blogger because I don't blog anywhere near often enough," says Pugh, only somewhat in jest. Her goal is one post a week — hardly effusive by most blogging standards — but even that quota can be burdensome for busy professionals.

Lawyers frequently ask about the ethical implications of blogging. Balasubramani has a simple rule of thumb: "I think common sense is probably enough to keep most law bloggers out of trouble, but this varies by practice area and by state."

Another potential issue is that lawyers who practice and blog in a specialized area may have occasion to mention their own cases. "I don't view the blog as a forum for communicating about my cases," says Overstreet.

O'Keefe monitors the issue of ethical restrictions on blogging, and he says most concerns are misplaced. Separate ethics rules are not required to govern each form of communication — phone, mail, fax, e-mail, or speeches — so he discounts the claim that blogs would require special treatment. As long as attorneys comply with existing rules, he says, "I don't see bar associations trying to rein in blogging."

Tips for Beginners

Despite the potential challenges, the rewards of legal blogging are enormous. "I enjoy writing," says Balasubramani, "so blogging is a fun diversion." "It's like coming to work in jeans when you're used to wearing a suit and tie," said Alexander. This satisfaction is one key to writing a good legal blog. Additionally, specialized knowledge is a critical element of most successful bloggers. Rita Kaiser is the reference services librarian at the King County Law Library, and in that capacity she monitors scores of blogs. In Kaiser's opinion, "A good legal blog is focused — the more specific to a particular area of law, the better it is."

O'Keefe suggests that lawyers need a paradigm shift on blogging. "Blogs are not products," he says. "At what point do we say lawyers should stop going to Rotary Club meetings or networking as people? At what point do lawyers stop taking clients to sporting events or using the phone?" In other words, lawyers should view blogging as one more method of networking. O'Keefe, who has trained hundreds of lawyers to blog, has advice for beginners. "A good blogger is a good listener, with an insatiable desire to learn, and is open to new ideas. Listen before you talk. If you're going to engage in a conversation with thought leaders, clients, and peers, you wouldn't walk into a room with a bullhorn."  

Michael Reitz is general counsel of the Evergreen Freedom Foundation in Olympia. He blogs at www.wasupremecourtblog.com.