You Did What Instead of Writing the Memo?


"What About Clients" posts here that on balance blogging is not very helpful for client relations.  Lexblogger Kevin O'Keefe weighs in with the contrary view here.  I've started on the side of the spectrum where Holden Oliver (of What About Clients) is at.  I think I've come around a bit to Kevin's perspective.  As always, the reality is somewhere in between the two.

Oliver's definitely wrong about something.  I agree that blogs still have stigma associated with them.  And when the topic of "blogs" comes up in public (unless you are in a group of bloggers) it pays to stay silent.  But the notion that the people who control the flow of legal work (whether at the startup or more established level) shun blogs seems off the mark (and increasingly so).  I can point to a few examples of bloggers who undoubtedly control the flow of a significant amount of sophisticated legal work (e.g., here and here).  These are bloggers.  Obviously in-house counsel and other potential clients read blogs in much greater numbers.  Particular industries vary of course, but the audience is definitely there. 

A blog can be a way to increase your exposure and demonstrate your interest level and competence.  As a lawyer, your stock in trade is your writing and legal analysis, and a blog is one way to demonstrate your interest and ability in a very non-pushy, non-power-point-oriented way.  But there are obviously opportunities for pitfalls and ethical snafus.  On the whole, I've found it beneficial for the practice.  I've sent clients blog posts and had clients (well, actually one) send me a blog post and comment on how helpful it was.  But the reaction is always tough to predict.  I've also used the blog as a way to improve my writing, network with lawyers, write a few short articles, and get quoted in a few articles.  Most importantly, I use the blog as a way to stay abreast of legal developments.  People frequently email me decisions and blog posts of interest.  (I used to have a more "personal" blog but I abandoned it after about 2 years based in part on the concern Oliver identifies.) 

But is blogging the panacea for law firms?  Probably not.  Large firm blogging just does not work.  A large firm should consider sponsoring individual lawyers who blog (or otherwise rewarding them) but the idea that launching a blog is the best use of a firm's resources is not entirely obvious.  Particularly since in many instances, law firm blogs are nothing more than glorified newsletters . . . which have been around for a long time.
 
On the subject of the title of this post, I happened to come across an amusing quote from Phil Spector's trial counsel in an ABA Journal article about blogging trials (he is commenting on a blog covering the trial):

"Philip hired me to represent and defend him, not read blogs," says the Los Angeles lawyer, who is not representing Spector in the retrial. He did allow that he had heard of the blog and characterized Ross’ writings as "not very nice."

The entire article is worth reading.  If you are not otherwise occupied writing the memo that is . . . .
 
 
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