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To Blog, or Not to Blog? [By Cary J. Griffith] A Minneapolis lawyer played a small part in igniting the firestorm over CBS’ reporting on President Bush’s National Guard duty. How did he do it? He made reference to another blogger’s story on his own blog. Web logs, or blogs, are playing an increasingly important part in the media life of the Internet. But they’re not for everyone, and their power is also their curse. Understanding how Scott Johnson’s blog played a role in CBS’ story can give you a glimpse into blog potential. It can also make you keenly aware of the blog’s penultimate caveat: reader beware.
What’s a Blog?
ticle “Law Meets Blog: Electronic Publishing
the value of blog information is suspect.
A blog is an Internet site where users can
Comes of Age,” “when applied to the legal
While blog content can sometimes change
record and publish virtually any type of
field, [blogs] present an irresistible channel
the course of history, it more often merely
information at the speed it takes to key it
for moving beyond the realm of operational
takes the pulse of history and documents its
in. Blogs can consist of long-winded diary
details into that of informed perspective.”
heart rate.
entries in which John Doe regurgitates the
Again, it’s worth stressing that blogs only
minutiae of his daily life. They can also be
provide readers with informed perspectives
Are Blogs Good for the Legal Business?
informative, breezy, and quick witted and
if their content is rendered by an informed
In March 2003, the ABA Journal ran an article
provide users with links to interesting news
author.
featuring the phenomena of blogs - Lawyers Who Blawg. (Blawg is the spelling some-
items or to other blog sites. In the case of the practice of law, they can be instructive
Understanding How Blogs Work
times used to differentiate legal-oriented
and profoundly educational. They can also be
In effect, think of a blog as a turning wheel
blogs from all others.) That article featured
chock full of garbage.
of information maintained by one person,
four bloggers: Martin Schwimmer (Trade-
or a small cadre of people. These people
mark Blog - http://trademark.blog.us/blog/),
The beauty of a blog is ease and immediacy.
are usually monomaniac in their interests
Tom Goldstein (SCOTUSBlog - http://www.
Generally speaking, if you can type, you can
and perspectives. They can publish content
goldsteinhowe.com/blog/), Denise Howell
publish a blog. Web-publishing applications
the nanosecond it occurs to them, or within
(Bag and Baggage - http://bgbg.blogspot.
like Microsoft’s FrontPage and Macromedia’s
moments of finding relevant information on
com/), and Howard Bashman (How Appealing
DreamWeaver can give anyone with modest
the Web.
- http://legalaffairs.org/howappealing/).
content to the Web. Third-party websites
Enter Scott Johnson, an attorney and Senior
Schwimmer’s site specializes in trademark
can also assist would-be Web loggers with a
Vice President with TCF National Bank.
law. Tim Goldstein keeps his finger on the
process for making themselves heard. These
Johnson is a blogger who co-authors a blog
pulse of the U.S. Supreme Court. Denise
blogs often become rapid-fire publishing
which is unabashedly conservative in its po-
Howell covers appellate and intellectual
platforms in which users can vent on the
litical perspective. In the aftermath of CBS’
property law. And Howard Bashman tracks
day’s activities, the political process, or a
story on President Bush’s military service,
appellate law issues. While the preceding
particular judge’s most recent decisions.
another conservative website immediately
generally summarizes the overall subject
questioned the authenticity of the documents
focus of these blogs, part of their charm
In the practice of law, blogs are usually sub-
Dan Rather used to support his case. Soon
is the personal and sometimes whimsical
ject specific, devoted to intellectual property
thereafter, Johnson posted the conservative
nature of their commentary. While they
law or appellate practice, for instance. In its
website’s opinions. Not long after that, the
almost always post information relevant to
purest form, the blog’s author (also known
infamous Drudge Report linked to the story
their given subject areas, they’re not averse
as a blogger) maintains and publishes an
on Johnson’s blog, and 250,000 hits later,
to offering opinions and links to a wide range
informative dialog about whatever he or she
the sudden surge in site traffic temporarily
of information on a variety of subjects.
deems important. Law blogs can provide
crashed his site.
readers with a current picture of their small
The story of Johnson’s blog demonstrates
All four of the lawyers were quick to point out
corner of the legal universe—at least from
the strengths and weaknesses of the
that blogs are a substantial amount of work
the blogger’s perspective.
medium. On one hand, information can be
and don’t necessarily translate into retained
posted as quickly as plebeian observers can
clients.
computer skills the necessary tools to post
According to Denise Howell, author of the ar-
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cut, paste, type, and post. On the other hand,
continued on back
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Blogger Comments
a place I could send folks to get some back-
In fact, we questioned several bloggers about
ground and then ask them to call me if they
the direct benefits of their blogs and the
still had questions or had different questions.
3. They are highly visible. Search engines rank
amount of work required to produce them. The
It evolved from there.”
blogs highly because they contain predomi-
developer to create a website for you.
nately text, and they are updated frequently
responses of Tim Goldstein, Larry Bodine, and Jeff Drummond were particularly illustrative of
Lawcrossing: “Why did you start blogging?
– two things that attract search engines. And
some of the more practical aspects and ben-
Pleasure? Business? Both?
reporters love blogs. This week alone I’ve been
efits/detriments of hosting and maintaining a
Goldstein: “Pure business. It was an attempt
interviewed by the Fulton County Report in
blog. Tim Goldstein is a partner with Goldstein
to cement our credibility as Supreme Court
Atlanta and Chicago Lawyer magazine because
& Howe and a Stanford law professor. Larry
counsel.”
the reporters saw something in my blog.
ing, a firm specializing in helping lawyers
Bodine: “Business. The blog is a superior way
4. The topic can be about anything. A blog can
market their services. Bodine also produces
to communicate, and it has developed a follow-
simply recount a person’s thoughts, view-
the well-known Professional Marketing Blog
ing. People even post comments and questions
points, and news. They can also be used for
(http://blog.larrybodine.com). Jeff Drummond
about entries in my blog. I get about 400 visits
firm announcements, client newsletters, legal
is a partner with Jackson Walker and head of
a week, which is not bad for a niche website
updates, and answers to common client ques-
the Dallas office’s healthcare practice. He also
on professional marketing. I just checked and
tions.
publishes the HIPAA Blog (http://hipaablog.
got four visits in the last hour! I comment on
blogspot.com/).
news I run across, blast out opinions from time
5. They give the author instant credibility and
to time, and include links to other interesting
expert status on the topic.
Bodine is the head of Larry Bodine Market-
Lawcrossing: “How often do you update your
online destinations. I love to write, so I blog for
blog?”
pleasure as well.
6. If you fail to set up a blog on your special topic, someone else will claim it before you do.
Goldstein: “We like to get something on the blog every day. That’s hard for the three
Drummond: “I started blogging for business
The attention and traffic go to the early adopt-
months a year that the Supreme Court is out
purposes because it was a good place for me to
ers, not the lawyers who wait to decide to join
of session. Then we focus on links to news
put my ‘HIPAA notebook’ of interesting, recur-
the trend a year later.”
stories.”
ring background noise.”
Bodine: “At least once a week, sometimes
Lawcrossing: “What’s the value of your blog to
blog is to other attorneys. I think the links
more. It takes me only about 10 minutes. I use
attorneys?”
would be quite helpful, and if they knew nothing
into an online box and clicking ‘save’ to post it
Goldstein: “We hope to be the one place all the
mation, it might be useful. Also, if they happen
online. What I love about Typepad is that I can
courtwatchers go.”
to be looking for information on something
blog on the road. I can be anywhere, log on to
Bodine: “For lawyers, there are six compelling
that’s a hot topic I’ve recently hit on, they might
the Web, and update my blog.”
reasons to have a blog:
find it useful. Of course, I don’t want to make it
Drummond: I try to update my blog around
1. They are easy to set up and use. Simply go
use me, not use my knowledge to take clients
once a week, more often if there’s something
to Blogger at www.blogger.com or TypePad at
away from me!”
to report and I’m feeling ambitious, less often
http://www.typepad.com/ and download the
when I’m busy. It’s hard to achieve a balance. I
software. Once the program is installed, you
Lawcrossing: “Has your blog ever resulted in
started the blog to give me a place to put gen-
can simply type in the text of your message in
getting you clients or more business?”
eral information and answers to common ques-
an online box. You don’t need to know HTML
Goldstein: “Not that I know of. Our static
tions or issues. It seemed like I was answering
code. To put your message online, just click
website has been much more successful in that
the same questions for several different clients
on the appropriate button. The software will
respect.”
on several different occasions, and I began to
select a Web address for you.
Drummond: “I’m not sure how valuable my
about HIPAA and needed some very basic infor-
Typepad, and it’s simply a matter of typing text
too helpful for other attorneys; I want them to
Bodine: “Yes, for sure. When I get a call from
be concerned that I might not have hit all the points when I answered the question the fifth
2. They are cheap. Some offer a month’s free
someone who wants to hire me for a project,
time as I did when I answered it the first time.
trial of the software, and you can purchase
typically it’s someone out of the blue. I always
I found myself saying, “Did I already say that?”
the program for about $40 or subscribe at $5
ask how they found me. On several occasions
on too many occasions. So I started the blog as
a month. This is much cheaper than hiring a
my new clients said, ‘I liked what you said in
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make defamatory falsehoods and will risk
Being perpetually forced to publish new
being sued; so will a blogger who plagiarizes
information makes most bloggers incredibly
It works for lawyers too. There’s a lawyer
or steals other people’s writing. If you blog
knowledgeable in their particular areas of
called J. Craig Williams, at a five-lawyer firm
for illegal purposes or for the transmission of
expertise. For instance, Howard Bashman
in Newport Beach, CA, who began a blog
material that is unlawful, harassing, libelous,
is generally recognized as an expert in the
called MayItPleaseTheCourt.net in August
invasive of another’s privacy, abusive, threat-
area of appellate practice. Similarly, Martin
2003. He said his postings, which focus on
ening, harmful, vulgar, obscene, or tortious
Schwimmer’s blog has made him a recognized
his particular area of law, have brought him
-- you’re asking for trouble.”
expert on trademark law.
legal business. He was covered in a New York
Drummond: “I think there are two primary
And finally, the daily practice of authoring a
Times article about all the business he got
blawg problems: ‘feeding the beast,’ and
blog sharpens invaluable research and writing
from the blog.”
‘goldilocks.’ Blogs are a great way to deal
skills, which is perhaps one of the reasons
with a legal issue that is new, complex, dif-
Tim Goldstein considers authoring a blog a
Drummond: “I don’t know if I’ve gotten clients
ficult to get your arms around or where the
“win-win” situation.
directly from the blog, but it’s good for client
information is spread out over many sources
retention. And it certainly burnishes my cre-
or constantly changing. The problem is that if
Do You Have What it Takes to be a Blogger?
dentials regarding HIPAA issues to write the
the issue is complex, you have to really keep
For now, if you’re contemplating penning a
blog. I do get a comment from someone out in
up on the blog to cover the issue. It can be
blog to increase your firm’s market share or
the world somewhere about every other week,
a ton of work, and you can feel compelled to
attract new clients, reconsider. Blogging is
either tipping me off to an issue, responding
keep handing out the free ice cream, even to
incredibly hard work. Perhaps more impor-
to something I’ve written, questioning what
the point of letting paying work suffer. Same
tantly, it takes a very special person to be a
I’ve said, or agreeing with me, often with an
if it’s on a topic that’s constantly changing.
successful blogger. First and foremost, you
anecdote of their own to add. But it is a good
And it’s too much work to have a legal blog on
should be interested in writing. If you’re a
marketing tool, even if indirectly.”
too big an area or on too small an area. The
frustrated novelist, poet, or journalist, you
blawg target must be not too big and not too
have a good start.
Lawcrossing: “Asked another way, has your
small. For me, HIPAA is a ‘just right’ topic for
When Howard Bashman was 16 years old, he
blog served in part as a marketing tool for
a blawg, at least for the minimal amount of
wanted to be a journalist. For family reasons,
your services?”
effort I want to be required to put into it.”
he ultimately decided to become a lawyer,
your blog.’
hundreds of thousands of dollars’ worth of
Goldstein: “Not directly. But it has continued
but, he notes, “my first interest was always
to help keep our name out there.”
Other Blogging Benefits
Bodine: “I look at my blog as a potent item
Like it or not, the practice of law is a word-
in my arsenal of marketing weapons. It’s
intensive business. Reading and writing are
Denise Howell’s college career started at
like the chain gun in the video game ‘Doom’
the mainstays of the job. The better you are
UCLA, where she studied English and wrote a
-- you want to have one. I also do a lot of
at both, the more likely you are to have a suc-
departmental honors-earning thesis on T.S.
public speaking, writing. [I] run websites, two
cessful legal practice.
Eliot’s poetry.
Listservs, and am Regional Director of the
journalism.”
Larry Bodine enjoys writing.
PM Forum, an association of 3,000 in-house
From the blogs we reviewed for this article,
marketers in the law accounting and consult-
almost every attorney-blogger noted several
While at the very least an interest in writing is
ing fields. Each of these makes a difference,
fringe benefits of authoring a blog. First, the
probably one of the more important require-
but the blog is the easiest one to use.”
constant requirement of publishing relevant
ments, an avid interest in news of all kinds is
information forces bloggers to become news
also important.
Lawcrossing: “From your perspective, do
hounds. Not only do most bloggers rabidly
blogs have a downside?”
consume all sorts of general news from gen-
While blogging may not be the most efficient
Goldstein: “I can’t think of one. The materi-
eral news sources (newspapers, television,
or best way for lawyers to market their ser-
als we put up are closely related to the work
and especially the Internet), they also con-
vices, given the rapid pace of today’s chang-
we’re already doing. So it’s a win-win.”
sume massive amounts of information from
ing legal environment, a good blog can say
publishing sources of particular relevance to
volumes about an attorney and his or her level
their legal area.
of expertise. And that can only be good for
Bodine: “In the sense that the laws of libel and copyright law apply, yes. A blogger can
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business.