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June 2009Should You Blog?The advantages and pitfalls of blogging for lawyers I was recently retained as local counsel by an out-of-state law firm after the lead lawyer checked my blog. I was told they chose me because my blog showed I was prepared to think about the issues in the case. In addition, other forms of marketing — seminars, articles, networking, mailings, and newsletters — simply can’t be done as frequently or as quickly. by Grace Healy Last year, during a CLE marathon, I listened to a seminar called “Blogs — Wave of the Future for the American Lawyer: Creation, Use, and Ethical Considerations.”[1] Frankly, before hearing the presentation, I didn’t know that lawyers had blogs. Well, they do, and within two months of the presentation, so did I.[2] It is an understatement to say that blogs have entered the mainstream of legal discussion; as of February of this year, the ABA Journal website listed more than 100 categories of blogs — each of which had multiple blog listings.[3] Right now, many bloggers have broadened their blogging presence by adding Twitter, or micro-blogging, to their blogging routine.[4] In March 2009, Twitter had 9.3 million visitors in the United States alone, and many of them were seeking information regarding the news of the day.[5] Despite the prevalent use of blogs and micro-blogging in general, since I started my blog last August, many of my friends and associates have come to me to ask what blogging is and where it fits into being a lawyer. This article will focus on the “what” and the “why” of legal blogs and present some things to consider in deciding whether to start your own.[6] What Is a Blog? According to Wikipedia, a blog (a contraction of the term “Web log”) is a website that has regular entries of commentary, descriptions of events, or other material, such as graphics or video. A typical blog combines text, images, and links to other blogs, web pages, and other media related to its topic. Though law blogs generate very few comments — and comments should be moderated — the ability for readers to leave comments in an interactive format is an important part of many blogs. In my experience, some readers will call to discuss postings, rather than writing comments. Others use their own blogs to comment on postings that interest them and provide their readers with a link back to the original post. This really helps to increase blog readership. A law blog, sometimes called a “blawg,” focuses on bringing information to a target audience of potential or current clients or people who may influence potential clients — the media, other bloggers, business associates, other lawyers, and referral sources, to name a few. Usually, it focuses on a particular area of the law or jurisdiction.[7] Unlike a general law-firm website, a lawyer’s individual, focused blog might be found by a search engine in response to a query regarding a specific topic or case. A lawyer’s blog can be a complement to a firm’s website, which ideally may be linked to the blog. Why Write or Read Blogs? Blogging is good for business. It showcases your legal abilities to a large audience by demonstrating your legal knowledge and thinking. Weekly or twice-monthly blog posts generally involve your discussion and analysis of what other bloggers have blogged and other current content — news, cases, CLEs, other blogs, and commentary. If thoughtfully and carefully prepared, blog posts effectively demonstrate your legal knowledge and thinking to potential clients. In fact, I was recently retained as local counsel by an out-of-state law firm after the lead lawyer checked my blog. I was told they chose me because my blog showed I was prepared to think about the issues in the case. In addition, other forms of marketing — seminars, articles, networking, mailings, and newsletters — simply can’t be done as frequently or as quickly. A blog will increase the visibility of you and your firm because blogs’ regular updates and up-to-the-minute content regarding current issues draw more traffic than firm websites. More and more often, people do web searches before they select a service or a product, or if they are simply curious about a current legal issue in the news. In addition, many lawyers do Internet searches in connection with legal research. The stats on my blog have shown that, to my surprise. Blogs may be subscribed to as RSS feeds (RSS = Really Simple Syndication), via e-mail and through business networking sites, such as LinkedIn, which send your blog posts to your audience automatically. In contrast, a firm’s website must be visited. In addition, a blog may open a dialogue with other practitioners, business associates, or the media or with those whose blogs you have provided a link for the reader. Furthermore, a blog is an inexpensive marketing tool. There are professional services that will assist with development and support, software, and free services. Things to Consider in Blogging There is no point in having a law blog if you aren’t going to do it right, which includes posting high-quality content and making sure ethical and common-sense business rules are followed. Like everything else, what you put into a blog has a direct impact on what you get out of it. As you have probably gathered, blogs involve a time commitment. Finding and writing good, interesting content takes time. Unlike a law firm’s website that you or your marketing team update every now and then, blogs require frequent attention — at least once a week. As with everything else that lawyers do, blogs must be done with the Rules of Professional Conduct in mind. You cannot do things in a blog that you couldn’t do in other media or other settings. You cannot give specific legal advice. You cannot breach client confidences. You must make sure that you are not creating an attorney-client relationship. You cannot make a false or misleading statement about your qualifications or services. You should use a disclaimer. Likewise, you should follow common-sense rules so that your blog doesn’t inadvertently hurt your business. Although you don’t want to be mired in procedures — blogging is supposed to be agile — you should have controls in place regarding who is posting to the blog and to approve the content that is posted. Prudence dictates that your blog is not overly critical of a judicial opinion or pronouncement of the Bar or government, since you someday might have to represent the interests of a client before that very person or entity. Conclusion Law blogging is now mainstream both for business development and legal research. Even if you don’t want to start your own blog, it is advisable to read those written by others. If you don’t, you are excluding yourself from what has become an enormous part of legal dialogue and commentary. And keep in mind, if you start a blog, don’t neglect your professional and business obligations. Grace Healy has a solo practice in Seattle that focuses on helping businesses and in-house counsel in managing risks, resolving disputes, and litigation. She can be reached at gmhealypllc@comcast.net. You can find her blog at www.outsideinhousecounsel.com. The author expresses her thanks to Kevin O’Keefe of LexBlog, Inc. (www.lexblog.com) whose blog, “Real Lawyers Have Blogs,” (http://kevin.lexblog.com) and webinars served as a valuable resource. NOTES |
