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<title>Comments on Chubb Insurance refuses to cover law firm with blogs | Real Lawyers Have Blogs</title>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/</link>
<description>Chubb Insurance has refused to cover a blog under a law firm&apos;s malpractice coverage. Heather Havenstein of Computerworld reports on what James Paone, a partner at Lomurro, Davison, Eastman and Munoz in Freehold, N.J., told her: We were in the...</description>
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<copyright>Copyright 2008</copyright>
<lastBuildDate>Thu, 27 Sep 2007 11:36:08 -0800</lastBuildDate>
<pubDate>Fri, 04 Jul 2008 07:17:15 -0800</pubDate>
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<author>dcanton@harrisonpensa.com (David Canton)</author>
<description><![CDATA[<p>This is a classic instance where people look at something new in the abstract without realistically comparing it to what we already do.  In part its the fear of the unknown.  </p>

<p>Its the same effect that results in bloggers revealing corporate secrets who would never consider doing that in a letter.</p>

<p>Reminds me of an instance from years ago when a client was working on a policy to allow employees to work from home.  They created a great, long list of all the issues/problems that it could create.  My first comment was that they already had most of those risks for the average employee in a cube.  I'm not sure whether they were relieved to hear that, or nervous because they now thought of those risks for all employees.</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#742354</link>
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<pubDate>Fri, 23 Mar 2007 04:47:24 -0800</pubDate>
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<author>dpr@dunn-carney.com (David Rossmiller)</author>
<description><![CDATA[<p>Allison Shields has it exactly right. In what way does legal blogging differ from going out to give a speech at a convention, addressing a seminar, speaking in person or over the phone to clients, sending e-mail blasts or delivering a newsletter? How about doing a podcast? Giving an interview to a reporter?  On a basic level, blogging is just a different means of delivery of a message. On a more nuanced level, good bloggers understand the separation between means and method and increase the effectiveness of their product by adopting their content, rather then replicating the same thing, to reach a broader audience. That difference, however, has nothing to do with increased risk of malpractice or defamation, it has to do with effective marketing in a different forum. </p>

<p>I often encounter people -- and this is surprising to me each time I encounter it -- who either have little to no conception of what the internet is about beyond the home page of CNN, or who react to a lawyer's blogging as if he had an unlicensed side business of working on people's electrical wiring or delivering babies. One justification I have heard about fear of blogging is that it creates a permanent record, and when you put out a statement it's there for all to see. This really misses the point: if you as a lawyer do not understand your words can be used against you whether uttered to your neighbor, spoken at a seminaor or given in a written formal opinion, you are already a walking malpractice case waiting to happen. If you do understand that, blogging is just another aspect of your professional montage.</p>

<p>On one level, I do understand this fear, however: some people's knowledge of blogging may come from political or other sites where commenters and bloggers frequently engage in the worst, most sickening kind of abuse, mean-spiritedness and uncontrolled behavior. If your understanding of blogging reaches only as far the blogger who left the Edwards campaign because of past offensive posts on a variety of topics, you may suppose that is the currency of the trade.</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#742355</link>
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<pubDate>Mon, 26 Mar 2007 20:02:16 -0800</pubDate>
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<author>info@leads4insurance.com (Jerry)</author>
<description><![CDATA[<p>David makes a great point.  Any lawyer worth his/her salt (and who is also tech-savvy enough to want to create a blog) will recognize from the outset that it constitutes a permanent record, and therefore take special care in crafting what they post.</p>

<p>This smacks either of the insurance company a) not understanding what a blog is, and just flat refusing it due to ignorance, or b) working really hard not to cover anything, so that they can start their insurance marketing (with increased premiums?) for the new endeavor.  Either way, I predict it will get a little embarrassing for them.</p>

<p>Jerry<br />
www.leads4insurance.com</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#742356</link>
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<pubDate>Tue, 27 Mar 2007 12:06:44 -0800</pubDate>
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<author>gphillip@kcaib.com (Gary Phillips)</author>
<description><![CDATA[<p>Everyone's point is well taken.  But in defense of Chubb, who I've found to be flexible in profiling risk, a blog unlike an e-newsletter , or presentation has more of the characteristics of one-on-one consultation and thus attorney client like communications-relationships, often without the benefit of client or scenario qualification.  Hence their is real risk of layperson misconception between an educational blog versus an advisory blog And if lay misperception exist there is always a chance of a malpractice suit--we have all seen frivilous malpractice suits. However, I do believe Chubb should further articulate and substantiate its concerns so that law firms can address them in a more cogent manner and I am sure they will--if only because it make good business sense if that's still an important trait in our current global environment.</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#742357</link>
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<pubDate>Fri, 30 Mar 2007 11:09:50 -0800</pubDate>
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<author>kevin@lexblog.com (Kevin OKeefe)</author>
<description><![CDATA[<p>Thanks for the comment Gary.</p>

<p>No prudent lawyer though is going to allow their law firm blog to have, as you describe, 'characteristics of one-on-one consultation' and thus create as a you say 'attorney client like communications-relationships.' </p>

<p>It's just not done. We have about 500 lawyers on our blogs and not one of them is on a blog that allows unmoderated comments. And none of the lawyers that I know of are having anything close to one-on-one consultations on their law firm blog.</p>

<p>Heck, if lawyers wanted to have have 'one-on-one consultations' in a question and answer session following a seminar presentation they could do so. And worse yet, there would be no record that such 'one-on-one consultations' did not take place if someone attending makes such a crazy claim. From that standpoint blogs are a lower risk than seminars.</p>

<p>Chubb is overreacting, naive, adding more exclusions to coverage which was purchased, or trying to pick up a few bucks selling new coverage. My take is it's a combination of all four.</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#742358</link>
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<pubDate>Fri, 30 Mar 2007 13:49:09 -0800</pubDate>
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<author>emilyj0903@uaclub.net (ememjammer)</author>
<description><![CDATA[<p>So I was off work and surfing and found this place and thought I would join up. I don't have much more to say right now except I need to start reading some of the older posts to get up to speed before I can start posting. <br />
 <br />
Em</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#768355</link>
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<pubDate>Tue, 25 Sep 2007 07:39:50 -0800</pubDate>
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<author>lldfraneq@mail15.com (lldfraneq)</author>
<description><![CDATA[<p>Amerikanische Firma „ACG Logistics" sucht nach Mitarbeiter in Europa fuer die Arbeit im Logistikbereich. Interessanter Job mit guter Verdienstmoeglichkeit. <br />
 <br />
[b]Schicken Sie bitte Ihre Bewerbung an  info@acglogistics.biz[/b]</p>]]></description>
<link>http://kevin.lexblog.com/2007/03/articles/blog-law-and-ethics/chubb-insurance-refuses-to-cover-law-firm-with-blogs/#771195</link>
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<pubDate>Thu, 27 Sep 2007 11:36:08 -0800</pubDate>
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