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Denise Howell Denise Howell
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Dennis M. Kennedy Dennis M. Kennedy
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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.
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May 3, 2005

Denise Re: Should every lawyer and law firm have a blog?

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Posted by Denise Howell

Any way I slice this question the answer is no, but I get there sort of circuitously.

Not every lawyer should have a blog, because not everyone is predisposed to processing and sharing information in the way blogs facilitate. Lawyers who answer "yes" to more than one of the following questions but don't have a blog should think about starting one:

  1. Do you read or otherwise take in many materials related to your practice, above and beyond what strictly speaking you need to get through your daily workload?
  2. Does your practice put you in places and situations that don't get much or any news coverage, but you think others might nonetheless find interesting or informative?
  3. Do you email colleagues items you think they might want or need?
  4. Do you make lists? (Mentally or otherwise.)
  5. Do you spend much time using search engines?
  6. Do you write about legal issues or developments for print publications or other outlets?
  7. Do you hate the idea of keeping extraneous paper around, but like being able to find and refer to things you've read and found significant for one reason or another?
  8. Do you like staying well informed about developments that affect your practice and your clients' lives and businesses?
  9. Do you have a sense of humor?
  10. Are there one or a few substantive areas of the law you know pretty well, or better yet, very well?
  11. Are you sufficiently professional and comfortable in your skin that you will link generously to material — including competitors — that's not part of yourlawfirm.com without worrying that you'll never see that reader again?
  12. Are you sufficiently professional and comfortable in your skin that you will publicly acknowledge and correct mistakes?
  13. Do you think your clients, potential clients, and colleagues probably already get more email and paper mail than they'd like?
  14. Are you less than thrilled with your ability to manage your conventional practice-related Web site and keep it up to date? Are you less than thrilled with its ability to get your message out to colleagues, clients, and potential clients?
  15. Are you willing to engage in public discourse with people you don't yet know that will raise your profile and sharpen your writing and thinking, but might not translate directly or immediately into paying work?
  16. Are you basically a good egg? (Lawyers who think hiding associate contact information is a good idea, for example, might not be the best candidates for blogging. Then again, it could prompt some sort of "born again" epiphany.)

Law firms are a different story. Before a firm decides to publish one or more weblogs, it and its prospective bloggers in residence (and I do hope they are "in residence," rather than commissioned for the purpose of generating weblog posts) had better be able to answer all of these questions affirmatively. Law firms (like all businesses) aren't a who, they're a what, and blogging (when done effectively) is a who-oriented pursuit. All the firms to date I've seen successfully embrace blogging are small or solo shops. I'm not saying a large firm can't do it, I just think there are more hurdles to overcome in that setting. Until weblogs are mainstream enough that thoughts like these are a quaint anachronism and people just know what works well and what doesn't, businesses (including law firms) should think hard about whether they've got what it takes to do a good "official" blog. If not, following in the footsteps of Microsoft, Sun, and Harvard is worth considered thought — i.e., we're not people but we've got people, spectacular ones, here they are. (I'm also assuming this question was aimed at public blogs. I think most law firms would save all kinds of time, money, and lawyer brain cells by replacing their existing intranets with a network of internal, syndicated, well-indexed and searchable blogs.)

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