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Denise Howell Denise Howell
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Dennis M. Kennedy Dennis M. Kennedy
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Tom Mighell Tom Mighell
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Marty Schwimmer Marty Schwimmer
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Ernest Svenson Ernest Svenson
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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
About this blog
Between Lawyers provides just-in-time group commentary on the issues raised when technology, culture and the law intersect. We take you behind the firewalls and conference room doors to show you how experienced lawyers deal with these issues and help you prepare for the new challenges we all face. For more, see our introductory post.
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« Re: Podcasting - My Two Cents | Main | Re: Podcasting: What Makes For A Good Law Podcast? »

March 29, 2005

Re: How to Lawyer When Everyone's Watching

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Posted by Tom Mighell

Marty, your post on the TAUBMANSUCKS page raises some larger questions about lawyers and their blawgs:

1. To what extent should a lawyer blawg about his/her own cases? and
2. To what extent should a lawyer use his/her blawg as a weapon?

[okay, these are actually questions you raised in an e-mail, but I found them sufficiently compelling to respond in public.]

With a few exceptions, I think the answers to both are NONE and NONE, for a few reasons:

1. I have seen lawyers blawg about specific lessons they have learned from their own cases, and I think that's a fine and appropriate way of educating other lawyers who may find themselves in similar situations, as long as it's done in a generic and professional way.

Do such posts cross a line when they are openly and personally critical of opposing counsel's conduct, or they set forth, word for word, correspondence between lawyers in a particular matter? I think so -- such posts do nothing to advance the concept of professionalism. I would hate to find words I had written in supposed confidence posted for all to see on the internet, whether my name is used or not.

2. You're right that a blawg has the potential to be a powerful weapon -- a lawyer doesn't like the way he/she is being treated in a case, and here's a forum to complain about it (and the other lawyer) to the entire world. But let's say weblogs didn't exist -- would you then send those thoughts about opposing counsel to your local or state bar journal, or any other publication for that matter, for printing? Probably not. Nor would you post it on your firm web site. Unfortunately, the informal nature of the blog makes it easier to speak your mind, and it can lull us into forgetting that we are still lawyers, communicating with the public at large.

At the risk of spouting off a bunch of cliches about "using a weapon for good," or "with great power comes great responsibility," I think weblogs have the power to transform the practice of law in amazing ways. That said, just because we build ourselves a soapbox doesn't mean we always have to use it.

Comments (1) + TrackBacks (0) | Category: Ethics, Decorum and Manners


COMMENTS

1. Ronald Coleman on April 1, 2005 10:17 AM writes...

Agreed. I am resisting the urge to blog about cases in the office, especially pending ones. For one thing, there is an ethical consideration in terms of one's client's interests. It's also the sort of thing sure to kill your rapport with a judge if it gets back to him or her. In all but the busiest (or most backward) courts, it probably will.

When a case is over, however, I do think a posting that does not identify the case can be very educational and useful. Beldar does this frequently, and I also posted a piece about the results of a week-long trial that I know certain readers enjoyed reading.

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