Welcome to law school One L's : My advice and the advice of others

Ford PintoCould it really be 28 years since I drove my Pinto station wagon (no air conditioning) across the country from Wisconsin to Sacramento for law school? And no one one told me it would be 105 degrees. Not having been to Sacramento, I pictured it set in the foothills of the Sierra Nevada's, not in an agricultural valley that looked like a desert.

Peter Lattman at the WSJ's Law Blog has a wonderful series of guest author posts welcoming 1L's to law school. But before we get to those leaders in the law, here's my advice.

  • Enjoy yourself and do not take anything too seriously.
  • Make life long friends. The tension you will all endure will make for strong bonds. You will have the stories, laughs, and memories of a lifetime.
  • Standing up in class and getting grilled by a professor is not all that bad - it's really rather funny. No one is getting shot at. You will survive.
  • If large law and 160k to start is not what you are after, that's great. Take classes that are fun and intern with solo's in small towns, public defenders, and legal services programs. I did it and it's great.
  • Buy Gilberts or whatever outlines exist today. It is a great experience to go through the Socratic method of teaching, and you'll learn from it. But there is no reason to be totally in the dark.

Click on the author's names to get the advice of others.

  • Scott Turow, who thirty years ago published "One L," his classic autobiographical account of his first year at Harvard Law.
  • Jeffrey Toobin, a 1986 Harvard Law grad, who served as an assistant U.S. attorney in Brooklyn and an associate counsel for Independent Counsel Lawrence Walsh before later CNN fame.
  • Saira Rao, a clerk for Third Circuit judge Dolores Sloviter after graduating from NYU Law in 2002, and now author of "Chambermaid," the story of a young lawyer named Sheila Raj who lands a prestigious Third Circuit clerkship in Philly
  • Cameron Stracher, Harvard Grad and New York Law School professor and author of "Dinner With Dad," the story of his year-long quest to be home for dinner five days a week as a practicing lawyer.
  • Jeremy Blachman, a 2005 Harvard Law grad, who made a name for himself as author of the popular Anonymous Lawyer blog mocking Large Law.
  • Ron Liebman, a federal prosecutor in Maryland before joining Patton Boggs In DC as a litigation partner at Patton Boggs in D.C., and author of "Death by Rodrigo," the story two cynical defense attorneys, the "Grand Jury," and "Shark Tales -- True & Amazing Stories from America's Lawyers."

And my Pinto did not look near as silly as the one in the picture. Mine was blue - sold it second year in law school for a lime green VW beetle.

Bloglines vs Google Reader : Which is used most?

RSS/newsreader use has taken off over the last year. It's going to become as widely used as email and the web in time.

Web based newsreader, Bloglines, made RSS easy to use for those interested, but Google Reader, also a web based newsreader, is going to bring the use of RSS susbcriptions to the masses. When I asked my ILTA (Internal Legal Tech Assoc.) session audience last week which newsreader they used, Google Reader won in a land slide.

Though Bloglines still maintains an edge, Richard MacManus of Read/WriteWeb reports on the significant Google Reader gains on Bloglines.

Here's a chart from Hitwise from January, 2007 when talk of Google Reader just began.

Google Reader vs Bloglines

And here's the same charting from this month.

Bloglines vs Google Reader

Bloglines GM Eric Engleman told Read/WriteWeb that with Bloglines recent re-design 'it's a two-horse race [and] the race is on!'

I'm not sure I buy it. My guess is that Bloglines recent surge is more of a general surge in RSS use, as opposed to an increase in Bloglines popularity.

Technorati was ahead of Google Blogsearch but now has to feel itself being lapped, with a real risk of becoming irrelevant. The only thing different for longtime Bloglines employees is that they had they had their pay day with Bloglines acquistion by Ask.

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Talk of the LexBlogosphere: August 31, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsWhat I thought would be a dull week in the LexBlogosphere turned out to be much more exciting than one would expect of the days leading up to a long weekend. Today's update covers topics ranging from children's drugs to maggots, from business disputes to potential government regulations. Though the last day of the month is a Friday, LexBlog clients are closing August out with a bang.

The news for August 31:
Don't forget, if you are a LexBlog client who wants to be featured in Talk of the LexBlogosphere, e-mail me a post you are proud of on the day it is published and I'll try to work it into my update. 

Talk of the LexBlogosphere: August 30, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsIt is August 30 in the LexBlogosphere, and today's jumble of news comes from some of our newer clients and some of our older ones, highlighting issues ranging from immigration raids to food poisoning deaths to the trials and tribulations of a first-year legal associate.

Among the news this morning:
Don't forget, if you are a LexBlog client who wants to be featured in Talk of the LexBlogosphere, e-mail me a post you are proud of on the day it is published and I'll try to work it into my update.

Bill Marler keeps making headlines

Yesterday, I got word from Kevin of a LexBlog client who got the star treatment from his University's flagship publication.

Bill Marler, the pioneering food safety lawyer from the Seattle-based firm Marler Clark, is the subject of a feature profile in the August 2007 issue of Washington State University's Washington State Magazine. Authored by Hannelore Sudermann, "Food Fights" gives an in-depth look at Bill's life (current and past, personal and professional) and paints a picture of the man at his finest: a uniquely Northwest, socially conscious attorney who has dedicated his life to helping others. You can continue to follow the work done by Bill, who we wrote about in an update earlier this month, by reading his Marler Blog.

Congratulations are in order for Bill. His hard work is continuing to pay off, and Washington State Magazine's highly flattering piece is yet another indication of his success in the legal world.

RSS feeds going mainstream : Time for journalism industry to wake up

Speaking at ILTA - International Legal Technology Association - this month I asked an audience of about 150 how many use RSS feeds and a newsreader. It was over half. If I had asked that question two years ago, I'll bet my house it would have been less than 10 people.

Not surprising that media consultant Amy Gahran writes that RSS feeds are going pretty mainstream.

Basically, the trend is that more people are more interested in getting the content they want delivered to them wherever they prefer to be, rather than having to make a special 'trip' online to someone's site. And they're using lots of popular tools to do just that.

Amy goes on to discuss the importance of journalists and news organizations understand RSS feeds.

...I'm seeing news organizations crumble because they aren't adapting their business models fast enough to the changing media landscape. Good reporters are getting laid off, and important news is going unreported, in part because news organizations are clinging to ineffective strategies like banner ads and partial-text feeds -- which depend on people coming to your site in order for you to make money -- rather than finding ways (like feed advertising and improving search visibility through full-text feeds) to make money in a more distributed, customized media environment.

Business basics, folks: You've gotta go where your customers and community are.

Amy understands the role journalism plays in an informed society and is rightfully ticked off that the industry's RSS ignorance places it in jeopardy.

Without good journalism, it's hard to get the information we need to make decisions on our own behalf. It's hard to judge where the collective good really lies. But journalism (at least on the scale and consistency that our large, complex society requires) needs a supporting business structure. That doesn't mean that huge news organizations must survive or we're all doomed. But it does mean that (regardless of news org size) the business model supporting journalism must be realistic and viable in the current environment.

That's why I'm so concerned about ignorance about feeds, and persistent loyalty to boneheaded online-media business strategies, especially among media professionals.

And she's spot on that clinging to a business models requiring partial text RSS feeds (excerpt only) to support banner ads on web pages doesn't work in the long run. The journalism industry needs to work with Google's FeedBurner to develop improved ad models with full text RSS feeds. Defying ease of use for the public which is now consuming RSS feeds in mass is a dead end.

One in Two Americans read blogs regularly

Man, when I started preaching that lawyers should use blogs for marketing, folks thought I was drunk.

Now 80% of Americans know what a blog is with half reading blogs regularly. That per a study conducted by Marketing Daily.

Source of post: Blog Herald

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Lawyer and law professor blog content is peer reviewed

Law blog skeptics often argue that law blog content is dangerous because unlike legal articles, law reviews and treatises, a blog post is not peer reviewed. Bunk.

A blog post via the power of RSS is peer reviewed with more immediacy by knowledgeable authorities than print copy. In addition, the motivation for a blog author not to put out flawed copy is far greater. Who wants to be called out for being a 'dumb ass' on blogs and news sites across the net? Blogs citing your stupidity indexed at Google forever. How fun can it be to Google your name and see links to citing your mistakes?

Great example of this has been living itself this week with Robert Scoble's flawed attack on Google, SEO, and search engines in general. Knowledgeable and well respected people came down on him like a ton of bricks. It's all over the blogosphere. There's no question that the reputation of Scoble, someone held in high regard by a lot of folks for his Microsoft and Podtech blog work, took a major hit.

Dave Winer, discussing the Scoble situation, puts it succinctly, 'We fact check your ass.

  1. There are many of us. 
  2. We care about the truth. 
  3. We use colorful language.

As Winer says, 'this leads to a bunch of good blogger behavior.'

Talk of the LexBlogosphere: August 29, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsI'm down in the San Francisco Bay Area this week, and the weather is phenomenal: warm days, blue skies and clear full moons (anybody see the lunar eclipse early yesterday morning?) have been a far cry from what I've experienced in Seattle most of the summer. Anyone reading this blog should resent those LexBlog clients lucky enough to work from offices in San Francisco.

Some of the discussions for August 29:
Don't forget, if you are a LexBlog client who wants to be featured in Talk of the LexBlogosphere, e-mail me a post you are proud of on the day it is published and I'll try to work it into my update.

Talk of the LexBlogosphere: August 28, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsToday we had a record number of submissions for Talk of the LexBlogosphere, which means that people are paying attention to what is going on in this blog - and in the blogs of other lawyers from around the country. Thanks to those attorneys sending in content.

Today's submissions and selections include:
We also received two content submissions late last night from Texas attorney Jamie Spencer, who recently updated his two blogs (one of them for the first time in nearly a month):
Don't forget, if you are a LexBlog client who wants to be featured in Talk of the LexBlogosphere, e-mail me a post you are proud of on the day it is published and I'll try to work it into my update.

Blogging recreational love gets lawyer work

Connecticut elder law lawyer Michael Keenan markets his law practice by blogging about what he loves - marathon running. And his Glastonbury Running blog is getting him legal work.

Legal marketing consultant, Susan Cartier Liebel, my source for this post, explains:

He started blogging several months after he created a more expensive static web presence.  He didn't think he had the time to blog which is why he went to a static site first.

Michael has fallen in love with blogging.  So he did the natural thing, started blogging about another interest he has, running.  He created the Glastonbury Running blog.  Little did he realize in doing so his running blog would get more hits then his professional blog.  Because they are linked he gets a tremendous amount of business from people who, first, find him and then relate to him as a runner.  And because he talks about running in his home town, he is attracting the very clients he wants...plus making a tremendous amount of friends.

Michael told Susan of his success in an email.

As you know, I launched my CT Elder Law Blog on 5/1 and I have been posting at least once a day.  Well, I was enjoying it so much that I launched my 'recreational ' blog a week later called Glastonbury Running with the intention of posting maybe 2 or 3 times a week.  Just a laid-back blog with training tips, thoughts on running, local news of interest to runners, etc.  I felt that after 20 years of competitive running I could speak with authority on the subject.

Well, the recreational blog has become a bit less recreational.  Right now the running blog is well ahead of the legal blog in regards to total views even though the legal blog got a 1-week head-start.  And the running blog is generating comments and e-mails from readers while I am yet to receive a single comment or e-mail from my legal blog.  Best of all, the running blog has actually generated 3 new clients so far (the legal blog has generated 5).  These are runners who have enjoyed reading the blog and then decided to take a peak at my legal website and blog (links for both are near the top of the left-hand column) and found that I specialize in a legal service that they currently need.  And they were happy to meet with me because we share a passion for running.

Now I'm posting on both blogs daily.  This is about a 30 to 40-minute investment of time each day, but in light of the amount of new business it has generated so far, I think it's been well worth it. 
This is an excellent example of intertwining your professional and personal life when designing your solo practice.  Michael is doing nothing different but living his life as he always has.  He just capitalizes on what he loves, running marathons.  He is not creating some grandiose marketing plan that is outside of his comfort zone and which he would be unable to maintain personally or financially.  It's a marketing plan whereby he stays true to himself and his short and long term professional and personal goals.

Blogging is all about relationship building. If you have a passion outside the law, consider sharing your commentary on a blog. Having practiced law in rural Wisconsin for 17 years, I learned it was all about getting to know people - not just business wise but from a personal standpoint. The word of mouth generated as a result brought me legal work - in fact it brought me the best clients.

Side tip to lawyers who recreate on the extreme side. Potential clients want lawyers unafraid to take on challenges. I ran marathons throughout the time I practiced. Not only got me well known in the community, but also brought in good work.

'Internet Daily' : Lawyers win as line between newspapers and blogs blurs

Former editor and publisher at the Minneapolis Star Tribune, Joel Kramer, is launching MinnPost, an Internet based daily newspaper.

And he's not doing it alone. Andrew Cleary at TPMCafe, my source for this post explains 'He has pulled together contributors from across the region who have served the Star Tribune, the Pioneer Press, City Pages, and Minnesota Public Radio.' Kramer's also raised over a million dollars from local sources and from the John S. and James L. Knight Foundation.

With this kind of support, it begs the question: how does an internet daily, run and staffed by former newspaper editors and reporters, fit in the usual continuum bounded by traditional newspapers at one extreme and self-published bloggers at the other?

Necessity appears to have been the mother of invention. Cleary explains:

In May, the paper announced it would be cutting almost 150 jobs, including about 50 from the newsroom. It offered some columnists the choice to become reporters, and offered many others buyouts. Film, arts, architecture, and fashion writing was cut or eliminated. And it all came after two dozen writers, editors, and support staff took buyout offers when the paper was sold to Avista Capital Partners in March.

The release of scores of professional and pedigreed journalists into the local jobs market led some other outlets to catch what they could. But weeklies and web portals can only absorb so much, and so the remaining editors and reporters were apparently left with an alternative: banding together with Kramer to start their own source.

Two points for lawyers who blog. First, your ability to interact with news daily's of tomorrow is going to allow you to do your own PR work. And it's much better PR. No more self serving press releases with hand crafted quotes. You'll now got the opportunity to work with reporters, editors, and publishers you'll know by name, email and LinkedIn connections. Each of you helping out the other.

Second, niche information and commentary from lawyer blogs is the type of content that will be sought by the 'new Internet daily.' Kramer, speaking with Minnesota Public Radio, warned that not all blogs are interesting. 'A lot of it is just pontificating and I'm more interested in informed commentary as well as hard-hitting news gathering.'

Talk of the LexBlogosphere: August 27, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsThis entry comes later in the afternoon than most of its predecessors, but that isn't necessarily a bad thing: it gives us the opportunity to highlight some of those blogs that tend to be updated later in the day (missing the cutoff for Talk of the LexBlogosphere). Today's post includes some faces not frequently mentioned in this blog.

Among them:

Is the Internet dead and boring?

Mark Cuban's posted a couple times over the last week that the Internet is dead and boring.

The best way to sum up how I feel about the excitement and opportunities on the net compared to the many other personal and corporate technology options out there is to use a Yogi Berra quote.

'Nobody goes there anymore. It's too crowded'

When everyone is looking for gold in the same river, the best opportunities are somewhere else.

Mark's excited about opportunities elsewhere such as virtual machines and HDTV. Perhaps.

But for average folks like you and me the Internet is alive, well, and anything but boring.

Lawyers using blogs and RSS to communicate and network with clients, prospective clients, and cohorts. Lawyers publishing content on the niche in which they practice and love, which content is syndicated via RSS into what is becoming core journalism. Young lawyers enhancing their reputations and passing lawyers years senior by harnessing the powers of the Internet.

And we're just getting started. You didn't have Google 6 or 7 years ago. Today you have Google search on your tool bar and Google is an integral part of your kids' homework. Not only is Google indexing information, but it's also indexing discussion via Google Blog Search. And in the last 18 months we've seen thousands of lawyers and law firms integrate the use of blogs and RSS into their daily routines. Who would have thought?

The opportunites to help others and help yourself are endless. Hardly dead and boring.

Talk of the LexBlogosphere: August 26, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsThe weekend lull in blogging activity continues today, as writers from around the LexBlogosphere take that well-deserved Sunday break. But that doesn't mean there isn't anything to report. From whistleblowers to film critics, the discussion today - despite being more limited than usual - continues to highlight diverse offerings from around the virtual table.

Some selections for today, August 26:

Talk of the LexBlogosphere: August 25, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsAs is often the case on Saturday mornings, offerings from the LexBlogosphere are quite limited for today. Most of the content published is from those clients who continually add updates to their blogs throughout the week (folks like Doug Powell at the BarfBlog, who sometimes offers multiple posts a day containing food safety updates and warnings).

Among today's crop:

Getting to know LexBlog's Stacey Merrick

I'd like to take this lull in blogging activity to introduce Stacey Merrick, a member of our staff whose name will likely begin appearing more and more frequently in this blog. Though we spoke with her last month to introduce the then-new LexBlog Newsfeed Reader, that interview gave little in terms of who Stacey is.

Stacey works as Director of Client Services here at LexBlog, a role she took over on January 4 of this year. Though she graduated from Sonoma State University in 1998 with a Bachelor of Arts in Journalism and briefly worked in the news business, her focus soon shifted to marketing. Stacey worked for about three years handling promotions and marketing activities for a range of companies (including ski resorts in Montana) before landing with us. She currently operates a blog about Seattle activities called Seattle on the Fringe.

"It's really satisfying seeing people create really good blogs and content," Stacey says. "I like that I can subscribe to our clients' feeds, and I enjoy reading their blogs as they develop. I find that very rewarding."

Stay in the lookout for Stacey's name in blog posts, comments and more. As our company grows, readers can expect to see more and more of the LexBlog staff entering the discussion constantly building in Kevin's blog.

Talk of the LexBlogosphere: August 24, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsThough it seems like a lot of LexBlog clients are using this week and the next as well-deserved vacation time, that hasn't stopped many from blogging. Plus, I've been seeing more and more folks from the LexBlogosphere submitting their entries for inclusion in these updates. If you haven't done so yet, it's easy...just shoot me an e-mail with the name of your blog and the post you think is valuable. I'll take it from there.

Legal blog updates for August 24 include:

Do's and Don'ts of judicial blogging

As Kevin pointed out in his post earlier today, the Spring/Summer issue of the National Judicial College's Case in Point Magazine features an exciting cover story on judicial blogging. The article, written by NJC communications specialist Heather Singer, included this list of "Do's and Don'ts for Blogging Judges."

Singer suggests:
  • DO provide links to other sites and to raw materials so people can find information more easily.
  • DO treat blogs the same as any other mode of communication, adhering to the cannons of ethics.
  • DO blog on judicial issues to provide information other judges may need.
  • DO provide helpful tips on challenges such as caseload management.
  • DO write about judicial issues that might give citizens a better understanding of the court system.
  • DON'T write blog posts about pending cases.
  • DON'T mix your personal and your professional life into one blog.
  • DON'T write anything that could compromise your safety or the safety of those in the courthouse.
  • DON'T blog on issues that could increase the number of cases from which you could be recused.
Though geared at judges, many of these tips could just as easily be applied to anyone blogging within the legal realm.

Judges publishing and reading blogs

Craig Williams and Blawg Review turned me onto an excellent article (pdf) in the National about judges and blogs. Published in the National Judicial Conference's Case in Point Magazine, Heather Singer reports on the judiciary's increasing interest in both reading and publishing blogs.

With the do's and don'ts enjoying much scrutiny, most [Judges] appear to agree that as long as blogging judges adhere to the cannons of ethics ad avoid ethical pitfalls, there are many upsides to this new medium.

From Judge Adam Fischer, Jr., of Greenville, S.C., a former member and chair of NJC's Faculty Council who teaches ethics courses:

Judicial blogs can be an excellent method for judges to come together and share information. Blogs on timely judicial issues are highly valuable to judges.

Texas Judge Susan Criss, who runs the successful blog As the Island Floats, gave a similar response:

Blogs are a way to share a lot of valuable information. I enjoy reading them. You can learn a lot about different areas of the law. Sometimes lawyers will analyze cases in their blogs, and you can learn from those as well.

Many of the sources quoted in the article agree, pointing out that as long as judges are cautious about what they write, they can be a valuable asset to the blogosphere. Says Mortiz College of Law professor Doug Berman, author of the blog Sentencing Law and Policy:

We tend to inappropriately deify judges more than we should. Judges are different from the rest of us but often an artificial distance is created. Jurists are not the only ones who should write cautiously. Prosecutors, defense attorneys and anyone in the legal and judicial fields should do so as well.

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Talk of the LexBlogosphere: August 23, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsThe ball keeps rolling in the LexBlogosphere today. Though I will be out of the Seattle office next week, these entries will continue; in addition, to reflect on the first month of daily updates, I will use the week to analyze blogging trends among LexBlog clients: how many updates are we seeing a day? Which blogs are updated daily, without fail? What days of the week are most and least popular blogging days among our clients? Hopefully these questions and more will be answered in a post I plan to put up sometime next weekend. Stay tuned.

The news for August 23 includes:

Law should be free 'Robin Hoods' take on LexisNexis and Thomson West

The Thomson West and LexisNexis duolopoly has had stranglehold on people's access to legal information for decades. But as John Markoff of the New York Times reports, their control of the nearly $5 billion legal publishing market is being challenged by a few organizations who believe the law should be freely accessible via the Internet.

...[Carl] Malamud [founder of public.resource.org] and a diverse group of backers argue that the control of publishing court rulings subverts the original intent of the framers of the Constitution by making the nation's laws difficult to obtain by those outside the legal profession.

In a letter to West Publishing last Wednesday, Mr. Malamud said his intent was to make federal and state court decisions available to a population that cannot afford the subscription costs.

Legal codes and cases are the 'operating system' of the nation, he said. 'The system only works if we can all openly read the primary sources,' he said in the letter. 'It is crucial that the public domain data be available for anybody to build upon.'

Malamud is not alone. A joint effort by Columbia Law School's Program on Law and Technology and the Silicon Flatirons program at the University of Colorado Law School called AltLaw is going to provide free access to the last decade of federal appellate and Supreme Court opinions.

Tim Wu, a Columbia law professor told the times:

I'm a legal academic and I woke up one day and thought, 'Why can't I get cases the same way I get stuff on Google? People should be able to get cases easily. This is a big exception to the way information has opened up over the past decade.

And Justia's Tim Stanley, who Thomson West fired after acquiring Find Law which Tim co-founded, told the Times:

There is supposed to be no ignorance of the law, and yet it's not even accessible to most people.

Justia is spending about $10,000 a month to send people to copy documents at the Supreme Court so the company can place it online for free access.

With the advancement of the net, our case law, code law, law reviews, and legal periodicals are going to go open source - perhaps at alarming rate to Thomson and LexisNexis. Like software companies, the dualopoly will need to sell services and value add products associated with the law to protect their revenues.

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Talk of the LexBlogosphere: August 22, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsToday marks another day in the LexBlogosphere. It has been just over a month since I began these daily updates - the first one was published on July 18 - and so far the response has been great (LexBlog clients, don't forget to keep submitting your blog content for inclusion). While I won't go into specifics just yet, be aware that we have exciting things in store for Talk of the LexBlogosphere's future. More on that as it develops.

The discussions today include:

Can you use another company's logo on your blog post?

Google brings us a good lesson on the right to use corporate logos in your blog posts.

Google sent out a cease and desist letter to a guy who used Google's logo on a website that informed people how to get their business listed on the search engines. Techdirt, which blogged on this incident, rightfully labeled Google's trademark claim as totally bogus.

While it is true that you need to protect your trademark or risk losing it, it's ridiculous to think that this is a case where the trademark is being infringed or needs to be 'protected.' Google's complaint is that this somehow might confuse people into believing the site was associated with Google and lessens Google's ability to make money. If we pull out the ever popular moron in a hurry test, we find that Google's claims don't stand up. No moron in a hurry is going to think the site is officially associated with Google. As for hurting Google's ability to make money, this is a site that will get more people to use Google -- which is Google's exact defense when newspapers flip out about Google linking to them.

As a blogger, you've got the right to use logos under the Fair Use Doctrine. The same protection that comes with using portions of others' content for critique and commentary, whether it be a blurb from the Wall Street Journal or a block quote from another blog, applies equally to using corporate logos.

From Boston Tech and IP Lawyer Erik Heels, far more of an authority on fair use than I:

If you are writing and commenting about a company, product, or famous person, then it's a no-brainer that it's fair use to use the company's logo, product image, or headshot in your blog post.

Look at business periodicals such as BusinessWeeek. Look at Mike Arrington's TechCrunch. Corporate logos are regularly used when writing about a company. May be why those publications always look pretty sharp.

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Law blogger David Rossmiller featured in insurance trade journal today

Just got word from Portland's David Rossmiller - an attorney with Dunn Carney Allen Higgins & Tongue LLP who writes the firm's Insurance Coverage Law Blog - that he was quoted in another insurance news article this morning. The piece was published by A.M. Best, an insurance trade journal that delivers real-time insurance news over their BestWire newswire.

The article, written by A.M. Best's Washington bureau manager Raymond Lehmann, is titled "Two Years After Katrina, Congress Still Looking for Catastrophe Solutions." David's expertise comes in about halfway through the article:

David Rossmiller, an insurance coverage attorney with the Portland, Ore.-based firm Dunn Carney Allen Higgins & Tongue, suggested the storm set the stage for a populist backlash both in Congress and in the courts, and that the industry has mounted a very poor public relations counter-offensive.

"Katrina stirred up something that is lying just below the surface and is something every lawyer remembers who represents insurers -- most people hate insurance companies," Rossmiller said. "Mostly they hate them in a generalized, nonspecific way, but with some catastrophe like this, it is very easy for some to focus on specific companies and the public is ready to believe anything about them."

This isn't the first time the press has considered David an expert in his field. He says: "These days on average I’m quoted in about two media stories a week, not counting blogs."

As both a lawyer and an expert on insurance matters, David's blog gives him a defined space in the blogosphere, where both journalists and readers who come across this attorney's name can validate his expertise. We at LexBlog offer our congratulations to David and the rest of the staff at Dunn Carney, as they continue to make ways around the Internet.

Talk of the LexBlogosphere: August 21, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsThe date is August 21, and today's Talk of the LexBlogosphere features lawyers located across the country. From Oregon (where the discussion is on a court case that made headlines in nearly every daily newspaper in the Pacific Northwest) to New Jersey, lawyers working for a range of firms and focusing on a variety of practice areas are keeping the blog wheels turning...no matter where in the United States they may be.

Today we have:

ILTA - International Legal Technology Assoc. - Conference bloggers

There's a number of the ILTA conference attendees who are blogging from the Orlando conference this week. Subscribing to a RSS feed of ILTA at Google blog search I've picked up posts from the following folks (let me know who I've missed):

Presented with Dennis Kennedy yesterday afternoon and chatted with Bruce MacEwen at the reception last evening. So expect to see some blogging from them.

No reason to expect ILTA to ever be Gnomedex when it comes to attendees live blogging the conference. But this is an excellent start. Last year I'm not sure I saw any posts from attendees.

With the growth of blogs, internal and external, at leading law firms, you can expect to see their IT professionals blogging. When they're at ILTA conferences, that'll mean live conference blogging. Big plus not only for attendees looking to network with liked minded folks they'll meet by virtue of blog posts, but also for people unable to attend. And for ILTA conference coordinators live blogging only promotes the value of your conference and drives higher attendance.

For next year maybe LexBlog can organize the bloggers and create an integrated RSS feed from all of the ILTA blogs - one subscription and you get all the posts.

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Five Questions: Victoria Pynchon of Settle It Now Dispute Resolution Services

Today brings another installment of LexBlog's Five Questions interview series, where we chat with some of the biggest names in the LexBlogosphere on what makes them blog. The feature continues this week with Victoria Pynchon, a former commercial litigator who now works full time as an IP mediator. She is creator and author of the Settle It Now Negotiation Blog and, more recently, the IP ADR Blog. I recently sat down and chatted with Victoria about her blogging experience, how she writes, her work as a teacher and more.

1. Rob La Gatta: When did you first launch your Settle It Now Negotiation Blog, and why?

Victoria Pynchon:
In June of 2006, because I saw someone else’s blog on Blogger.  I thought, ‘Wow, that’s really cool,’ and I went to Blogger. It was so easy to do that I threw one up within the first 15 minutes after I saw it. I mean, I just immediately did it.

[It appealed to me because] I’m a writer. I write fiction and literary non-fiction. I publish a literary magazine. I’d already written a fair number of articles about dispute resolution, and it seemed to be the perfect venue for me to be publish what I wanted to write instantaneously.

2. Rob La Gatta:
I noticed that you write fairly lengthy posts, all of which have a very unique tone to them that gives a glimpse into your personality. Was this intentional, or is it just how you write?

Victoria Pynchon:
That’s how I write, and that’s the benefit of blogs. I provide a service, and the service that I provide is helping people negotiate the resolution of litigation. That’s not an easy thing to do. Before people will retain you, they have to have a reason to trust you. And I think that who I am – my voice – comes across very clearly in my writing. So I think that if anyone is going to consider hiring me as a result of something that I write, they’re going to consider hiring me because, in reading me, they hear a voice they can trust.

See the rest of my Five Questions interview with Victoria Pynchon after the jump.
Continue Reading...

ILTA PowerPoint

Speaking right now on panel addressing blogs, wiki's and the like.

Didn't make enough copies of Powerpoint to handout, so here's a copy of the PowerPoint to download.

Talk of the LexBlogosphere: August 20, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsToday is August 20, and it's still raining here in Seattle. But look on the bright side, Pacific Northwest: with the arrival of a new week comes a wealth of LexBlog clients updating their blogs. I've said it before and I'll say it again: if you are one of our clients and would like to see your blog included in Talk of the LexBlogosphere, send me an e-mail when you've posted an update you're proud of. If you get it to me on time - generally anytime before 11 a.m. Pacific on weekdays - I'd be happy to include it.

Here are some of the discussions taking place today:

State of the AmLaw 200 Blogosphere, August 2007

LexBlog is pleased to provide you findings on who from the AMLaw 200 has entered the blogosphere. Below we have presented some useful statistics that shed greater light on who's blogging, how much of it they're doing and other trends of law blogs today. After the jump, you will find a detailed list with descriptions of each blog.

What we found:
  • Of the firms on the 2006 AMLaw list (the number was a few below 200, as mergers have consolidated firms since the list first published), 39 firms were blogging.
  • From those 39 firms, we found a total of 74 blogs
  • 56 of these blogs were firm branded (meaning they had the firm's logo prominently displayed on the page). 18 were not branded, indicating that the lawyer was operating their blog independently of or at a distance from their firm.
  • Of the 74 blogs, 33 belonged to LexBlog clients. The other 41 belonged to firms or attorneys that were not LexBlog clients, using either free blogging services or personal/firm domains
    • 13 law firms were LexBlog clients using LexBlog's platform and accompanying turnkey solution
    • Of the non-LexBlog client blogging firms, there were a range of other platforms used: 8 were using Blogger; 3 were using Typepad; 1 was using Justia; 1 was using WordPress; and 13 had their blogs published and hosted through other services or personal domains
  • Practice areas represented ranged across the gamut:
    • advertising law
    • antitrust law
    • bankruptcy law
    • broadcast/FCC law
    • construction law
    • corporate/commercial law
    • e-discovery law
    • education law
    • employment/labor law
    • energy law
    • environmental law
    • ESOP law
    • fair use law
    • false advertising/consumer protection law
    • family law
    • fashion/apparel law
    • financial institution law
    • heath care law
    • hotel law
    • insurance law
    • intellectual property law
    • Internet law
    • land use/real estate law
    • LNG law
    • media law
    • pharmaceutical/medical device law
    • physician law
    • privacy law
    • securities/class action law
    • securities defense/compliance law
    • sports law
    • telecom law
    • tax law
    • utility regulation law
Continue Reading...
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Talk of the LexBlogosphere: August 19, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsIt is raining in Seattle today, which is a pretty good indicator that for all intents and purposes, the summer has finally come to an end. LexBlog staff member Colin O'Keefe would probably agree: Colin, a student at the University of Montana in Missoula, left the Emerald City yesterday to return to school, where the start of Fall classes is just around the corner. Strangely, folks like me who attend Seattle University still have more than a month of vacation - despite the fact that, as today's weather indicates, summer is quickly becoming a fading memory.

Today in the LexBlogosphere:


Sunday feel good blog : Chuck Ferris of Dribble

Chuck Ferris, 83, lost his right leg to a German landmine during World War II. He became a school teacher thinking that would be easier with one leg than a news photographer, as he had planned.

Merced Blogger Chuck Ferris DribbleToday Dhyana Levey of the Merced Sun-Star reports Chuck, retired and living in a small studio at a care home, reaches out to touch others via his blog Dribble. Chuck's been publishing Dribble, titled after a column he wrote for his high school newspaper, for five years. His blog is an ongoing online collection of his observations, past and current.

From Chuck, who's always wanted to keep up with technology:

It's a wonderful way to get out of here. Once we get confined, we can't get out that often. But with this I can keep in touch.
.....
...[S]ince no one here reads it, I guess I can write about whatever I want.

And it's working per Levey. There's a 'revolving door of visitors from all over the world -- keep[ing] a weather eye on his thoughts, memories and adventures in the care home.

And Chuck's not alone.

The blogging trend has mushroomed, said Christina Clem, program coordinator for communications for AARP. Everyone, not just seniors, want to stay connected with people who have similar interests.

The percentage of Americans ages 65 and older using the Internet is rising, according to surveys from the Pew Internet & American Life Project, a nonprofit that follows Internet trends. In 2007, 32 percent of them were surfing online, up from 22 percent in 2004.

I'll bet there's a ton of folks with parents and grandparents in care facilities who would welcome their loved ones blogging. Not to mention, the observations and wisdom society is losing by not picking from people who have years of life experience over us.

As Levey says of Chuck, '...[T]here's one place he can hop around like a gymnast and scream like a banshee. He uses a mouse and keyboard instead of his feet and vocal cords.'

Update: Wow, just found out from Chuck's blog, there's a YouTube video of Chuck's interview with Dhyana Levey. Here you go.

Law school blogs : Tons of potential

I follow law school blogs when I get a chance. Part of that comes from my passion to make the world a better place - something I always believed began with kids in colleges and universities.

I'll admit when I got to law school 28 years ago this month, more students were focused on BMW's than advancements in the law for the betterment of society. But my guess is that there were a number of fellow students like me who didn't wear their romanticism on their sleeves.

So I'm still looking for that idealism in law student blogs - to help keep this old guy's passion burning and to make the world a better place over the next 50 years. And truth be told, to recruit to LexBlog a law student or two who sees the potential of blogs and citizen journalism.

Looking to find good law school blogs? Illinois lawyer, Evan Schaeffer, helps publish The Weekly Law School Roundup. It's at #83 this week. Evan also includes in his blogroll at Legal Underground a list entitled 'Law Students--Aspiring, Current, or Just Finished.'

Also, via Evan, found a law student blogger directory kept current by an anonymous University of Michigan law student. Last updated August 7, there's 404 law student blogs from 118 law schools - not counting the unknowns, as noted.

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16 reasons why blogs are good

Lifted this list of 16 reasons why blogs are good from Dave Harrison at WaveneyAvenue.

  • Freedom of speech
  • Power of the pen
  • Reaching the public
  • Raising awareness
  • A global discussion
  • The power of many
  • The speed of change
  • Interaction
  • Instant news and opinions
  • Coverups are uncovered
  • Easier to research an issue
  • Viral ideas
  • Created a new world
  • Government-influenced media bypassed
  • No central control
  • It gets you thinking

List starts off with all the trappings of free speech under our First Amendment - from a guy from Northern Ireland no less.

Talk of the LexBlogosphere: August 18, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsAs tends to be the case on most Saturdays, today - August 18 - brought a significant drop in the number of LexBlog clients entering content. However, at least one of the posts from today (an update from the Cerebral Palsy Law Blog) was the first entry to that blog in almost a month. It just shows that with blogging, like everything else, different approaches work for different people.

A sample of today's offerings:

Law bloggers and journalists to have roles in Google's information age

Google News Comments BlogsGoogle News is launching a feature that will display reader comments on stories in Google News. Per the Google News Blog, to begin with, comments will only be allowed from "...those people or organizations who were actual participants in the story in question."

Our long-term vision is that any participant will be able to send in their comments, and we'll show them next to the articles about the story. Comments will be published in full, without any edits, but marked as 'comments' so readers know it's the individual's perspective, rather than part of a journalist's report.

As always, Google News will direct readers to the professionally-written articles and news sources our algorithms have determined are relevant for a topic. From bloggers to mainstream journalists, the journalists who help create the news we read every day occupy a critical place in the information age. But we're hoping that by adding this feature, we can help enhance the news experience for readers, testing the hypothesis that -- whether they're penguin researchers or presidential candidates-- a personal view can sometimes add a whole new dimension to the story.

Looks great to me. Imagine lawyers being able to comment on stories for which the lawyer has more domain expertise than the reporter or those quoted in the story. Not a slam on the reporter or those experts who may be quoted by the reporter, but much more complete information for all.

Some Journalists however are treating Google and features like this as the second coming. A LA Times opinion piece noted: "Many publishers consider the Internet, and Google in particular, a greater threat to their livelihoods than Osama bin Laden."

But as Jeff Jarvis pointed out, the LA Times piece acknowledged the positive impact of the Google News comments. "News organizations have their flaws, and the added comments on Google may demonstrate that."

Dave Winer, responding to Google's announcement and the Times' piece, may be taking it a little far when he says newspapers should try to host the blogs of those people they cite (don't want my blog hosted by a newspaper). But I think I get his drift - open source information and if you're citing me as a reporter, you'll get my full take. And that's good for all.

Live LexBlog blogs for the week of 8/13-8/17

LexBlog continued to launch new blogs for our clients this past week, adding even more voices from a range of practice areas to the blogosphere. The debuts for August 13 through 17 were:

AmLaw 200 firms using Facebook

The ultra-trendy Facebook, a social networking site, started by drawing in college students who were looking to network with others on campus. Then they lured in the high school students and eventually everyone, allowing them to join networks based on location.

Now a 'network' of people can be built around anything, including law firms. What was once only popular amongst tech friendly 20-somethings is now being used by some of the largest law firms in the country.

Doug Cornelius of KM Space notes that eight of the biggest firms in the AmLaw 100 have Facebook networks.
  1. Skadden, Arps 379 Members
  2. Baker & McKenzie 728 Members
  3. Jones Day 286 Members
  4. Latham & Watkins 291 Members
  5. Sidely Austin 199 Members
  6. Mayer Browne No Network
  7. White & Case 370 Members
  8. Weil, Gotschal No Network
  9. Shearman & Sterling 225 members
  10. Kirkland & Ellis 192 Members
This list is another example of lawyers adapting to new media. If someone uses their blog to write about their uninteresting daily life or uses Facebook to scan their college for friends, that doesn't mean each medium can't be ruled out as a means of spreading business.

Lawyers, amongst others, should focus on how examples of new media can help instead of disregarding them because others use them in an unprofessional or non business-related way.
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Vault's Top 100 Law Firms of 2008 list contains LexBlog clients

Today I came across this post - which linked to Vault's Top 100 Law Firms of 2008 list -  at Above The Law. The yearly rankings, based on lawyer surveys and various other methods, provide Vault's readers with a comprehensive list of the world's most prestigious law firms.

Not surprising, a few LexBlog clients made the list, and we want to praise them for the accomplishment:
Congratulations to the firms above as Vault and its readers across the Internet - once again - recognize the hard work these lawyers and attorneys have put in to an ever-changing profession.

Talk of the LexBlogosphere: August 17, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsToday is Friday, August 17, and though the weekend is just around the corner, many of our bloggers haven't checked out just yet (in fact, today's post count is still above average, on par with the apparent spike in updates we've been noticing this week). For those lawyers still updating their blogs and reading about the latest developments in the blogosphere, we salute you with an overview of today's discussions from your contemporaries:

Legal conferences for law faculty resource blog from UW Law School

Mary Whisner, assistant librarian for reference services at the Gallagher Law Library of the University of Washington here in Seattle, appears to be the driving force for the Legal Conference Watch Blog tracking conferences of interest to law faculty members (and others in the field).

Legal Conference Blog University of Washington Law SchoolThe plan is not to include continuing legal education programs or local bar association meetings. The blog was started in response to a faculty request for help learning about upcoming conferences. "Attending and, if possible, presenting papers at conferences is a great way to develop ideas and make connections, so offering this service is a good complement to the other ways our library supports faculty scholarship."

If you're hosting or know about an upcoming conference that would interest law school faculty, Mary asks that you email her (whisner [at] u [dot] washington [dot] edu) a link or some basic information.

Update: Mary Whisner just emailed me that the very same week that she started Legal Conference Watch, a team at the University of Pittsburgh started Legal Scholarship Blog.

Instead of duplicating effort, they've decided to collaborate. Mary has been copying her postings into their blog and they'll just have one.

Mary will soon announce on Legal Conference Watch that it won't be updated and that readers should go to Legal Scholarship Blog.

Hat tip to Michel-Adrien Sheppard for word on Legal Conference Watch.

5 tips for running a law firm blog

Steve Rubel has a piece in Wired on 'How to Run a Corporate Blog.' Steve's 5 points apply equally well to a law firm blog.

Here's his paraphrased points with a few additions.

  • Be passionate and add value. You need to tap into your passions and expertise and use them to add value to the conversation. Helps you build not only your profile but the organization's too. I am always telling lawyers to begin with the end in mind - what type of work do they really like and who do they like representing. Set your bar high. Your passion will carry you over the top.
  • Know where your bread is buttered. It isn't just your employer that pays your salary, but rather your entire circle of stakeholders. In the case of lawyers, it includes clients, partners, judges, business associates, referrals sources, program coordinators, and the press. Don't make any of them angry.
  • Color in the lines. Determine your blog's mission and know where you can and can't go. For lawyers, you can't blog about specific clients, can't give specific advice, and cannot get into any exchange where an attorney-client relationship could be established. May also want to consider staying away from positions that could come back to bite you.
  • Think before you post. When it doubt, throw it out. When I practiced law, I wrote my share of letters when angry. I got in the habit of sliding them to the front of desk until the next morning. If I still thought worth sending out, I did. If not, tore them in half and chucked them into the garbage. Blog the same.
  • Have a thick skin and a sense of humor. If you can't have fun as a blogger, then it's not worth it. Always be open to being mocked.

Add Steve's Micro Persuasion blog to your RSS feeds. Micro Persuasion has not only generated discussion which has advanced PR and communications, but personally taken Steve to the heights of PR with his position as a senior vice president at Edelman, the largest independent global PR firm. Now that Steve's back posting more often, you'll pick up a lot.

In Orlando on Monday & Tuesday for ILTA Conference

ILTA International Legal Technology AssociationI'll be in Orlando next Monday and Tuesday to speak at the Annual International Legal Technology Association (ILTA) Educational Conference. If you're attending, please look me up by email or cell phone, 406 599 1196.

If not attending ILTA and want to get together in Orlando, give me a holler. I'm always to meet socially or to discuss a possible law blog project.

And I can come to you. I hear they have cars that use air conditioning that transport you when it's above 72 degrees, something we don't have often up here in Seattle.

Technorati on way to disappearing?

TechnoratiOm Malik reports this afternoon that CEO David Sifry has resigned and that they're laying off 8 staff people at Technorati, the early leader in RSS feed aggregation/Blog search.

The company has been looking for a CEO for a while, and has been burning through ton of cash, and this move it seems is a way to extend the runway for Technorati, which does have money in the bank.
.....
Technorati was one of the early start-ups to see the potential of the new web, but seemingly picked a business where Google [via Google Blog Search] was eventually going to make its presence felt.

It's a shame. As I've said before, Technorati's served a great purpose in aggregating blog feeds and making blog searches available by RSS feed. The blogosphere would be years behind without Technorati and its founder David Sifry.

However, Technorati may have been wise to sell out while it was in first place, as Feedburner recently did, rather than to try and out run Google.

Talk of the LexBlogosphere: August 16, 2007

Legal News - LexBlogosphere - Lawyer Blogs and BlawgsUpdates in the LexBlogosphere continued to flow at a higher rate than usual today, which is surprising, considering that August is traditionally a month known for vacation time.

Today's entries work to prove that wrong:
Don't forget to keep those LexBlogosphere e-mail submissions coming. I try to include a diverse selection of the day's most interesting posts, but it is always a good idea to send me your updates the same day they've published if you think they contain news worth sharing.

How to become an authority law blogger

Brian Clark Ryan Imel, guest posting at Copy Blogger, as an excellent post this morning on how to become an authority blogger. And for lawyers isn't that what it's all about?

Read Brian's Ryan's whole post (it's good), but here's a paraphrased list of his tips for establishing yourself as an authority.

  • Check your thoughts [or RSS feeds] regularly. Things that are commonplace and a no-brainer to you are usually not that way for other people. Oftentimes what you don't think is worth writing about (even though it's your passion and even though you know it very well) is just the thing others are waiting to read.
  • Speak with authority. Sometimes that's all that makes the difference between the authority and the audience.
  • Study other authorities. If you want to blog on something as an authority, start looking around at what other bloggers in completely different fields are doing. You will see trends and gain ideas just by studying how they write and what they write about.

Many of you have been practicing lawyers for years. You've developed an expertise. Things you thought you'd never grasp as well as more senior lawyers when you first started as a lawyer are now common sense.

Watch what's going on around you in your niche are of the law. In blogging, that's done via effective RSS feeds coming into your newsreader. Share your take on what you read in your blog posts. Your common sense is of real value to readers of your blog.

Brian is spot on in saying "...being an authority isn't necessarily hard. A large part of it is stepping up to be that authority."

Patrick J. Lamb featured in article at Law.com

Today Kevin forwarded me a link to this article published at Law.com, which gives some great coverage to LexBlog client Patrick J. Lamb, the Chicago attorney and business development advisor who maintains the blog In Search of Perfect Client Service.

The article - "Small Firm Finds New Ways to Encourage Business Development" - gives an overview of the innovative business development plan that Patrick helped initiate when arriving as co-managing partner at Butler Rubin Saltarelli & Boyd:
Each attorney's income was linked directly to his marketing plan. Failure to accomplish marketing goals could significantly affect income level. [...] The standard compensation plan gives each partner a set number of permanent points representing guaranteed income. Additional reserve points are based on performance. At Lamb's firm, each lawyer now has a specific number of permanent points designated "at risk" and tied into the marketing plan. The number of at-risk points ranges from one-half to three points, depending on seniority. Each point carries a significant five-figure income value.
In explaining his reasoning to reporter Karen Dean, Patrick demonstrated a mentality not much different from the one we here at LexBlog hold:
"We don't really care whether they are successful in getting the business, because we believe that over time, these [marketing actions] will naturally lead to new business," Lamb says.
Today's article proves that Patrick's approach is turning heads. As he continues to spread the 21st century marketing gospel - that successful techniques take time and dedication - we can only expect that he'll make believers out of the skeptics. Just look at the results it had for Butler Rubin.

Into the busy world of food safety pioneer (and LexBlog client) Bill Marler

Among the recent crop of tainted foods sweeping the nation, the ones contaminated with botulism have to be the worst. Just look at what Wikipedia has to say about its symptoms:
Common symptoms of either form usually include dry mouth, difficulty swallowing, slurred speech, drooping eyelids, muscle weakness, double and/or blurred vision, vomiting, blatter and sometimes diarrhea. These symptoms may progress to cause paralytic ileus with severe constipation, and eventually body paralysis. The respiratory muscles are affected as well, which may cause death due to respiratory failure.
Alarming to think about, especially after recent reports that chili and other canned meats distributed around the country were contaminated with the toxin.

For LexBlog client Bill Marler, handling the botulism scare is just another day at the office. Marler, managing partner of the Seattle-based firm Marler Clark, is a food safety lawyer who has been closely watching the recent outbreak and documenting it (and a wide range of other food safety issues) in his blog.

For the past two weeks, Marler reports that he has been in Australia, “giving a series of talks on food safety in the United States and how the Tort System works.” The three articles he is discussing – “Pure and Wholesome: Is food a risky business?”, “Tracking Foodborne Illness,” & “Class Action Litigation of Foodborne Illness Claims” – are all pieces that he wrote, and all provide a glimpse into the mind of a man who has taken on some of the biggest names in the food business.

Despite being halfway across the world, Marler still finds time to update his blog. From a dispatch on August 12:
Between my Blackberry, my Australian disposable phone and the Internet café down the beach, I have been able to keep up and help direct traffic as we work on the above and investigate the Castleberry Botulism cases, Hawaii lettuce E. coli cases and another outbreak at Souplantation – this time Shigella.
Guess we'll have to stay tuned to the Shigella Blog - one of Marler Clark's eleven blogs dedicated to a specific foodborne illness - to find out more on that. Meanwhile, Marler continues to keep the botulism posts coming, and has already written three of them since traveling down under at the beginning of the month. But work isn't everything, and as the picture above can prove, Bill certainly isn’t neglecting some of the more adventurous elements of island life.

Anybody interested in seeing how a law firm can seamlessly weave technology, food safety and practical legal representation together needs to look no further than to the good folks at Marler Clark. Congratulations on all your hard work, Bill!

Lawyers above reporters on food chain, again?

Read somewhere that the only profession held in less repute than lawyers were reporters. Looks like we lawyers may have it over reporters again. This time in the area of online media.

Amy Grahan, writing at Poynter Online, explains that just commenting on blogs and forums can be a good start for journalists looking to understand online media.

Getting in the habit of commenting on blogs and forums, following at least some comment threads or conversations that sprawl across multiple venues, or at the very least reading and responding to comments left on your stories at your own news organization's site, helps you join the participatory culture of online media. It helps you realize what you can gain from direct public engagement, and how to use it to make your work easier in some respects and more effective overall. This in turn influences how you plan and execute reporting projects or publishing efforts -- especially learning to feature discussion, not just treat it as a sideshow.

Turns out where thousands of lawyers have taken to not only commenting on other's blogs, but publishing blogs themselves, journalists are slow to bite.

...[F]or many people (especially journalists, I've found), actually getting involved in a public conversation that's likely discoverable via search engines (often not the case with e-mail lists) is a challenging but eye-opening experience. It's humbling but surprisingly empowering to be on a level public playing field with their readers, sources, or other communities. So often journalists prefer to hold themselves apart from these constituencies, and engage them in conversation only via private channels (phone or e-mail).

Amazing that the profession skilled in writing, interviewing, investigation, and reporting - perfect for blogging and online media - would be afraid to get involved. Job preservation and money is likely to bring a change of heart.

And frankly for lawyers, it's job preservation and getting good work that drives blogging. There's never been a better way to enhance one's reputation, do PR, and grow business.

New Law Bloggers Speak: Erich Rapp of the Louisiana Coastal Wetlands Blog

Another LexBlog blog has gone live, and we were right there to question its author for our occasional “New Law Bloggers Speak” feature (which debuted earlier this month after Fox Rothschild attorney Joel Bolstein launched his Pennsylvania Brownfields & Environmental Law Blog).

This time around we spoke with Erich Rapp, a Louisiana attorney with Kean Miller Hawthorne D'Armond McCowan & Jarman LLP,  whose Louisiana Coastal Wetlands Blog went live yesterday.
1. Rob La Gatta: When and how did the development of this blog come about?
 
Erich Rapp: In the summer of 2003, one of my law partners asked if I thought that the federal government was liable for coastal land loss in Louisiana. Anything involving federal liability for any reason is complicated, but I had no idea how complex this claim would be. What started out as a project for a client became far more. My search for legal and factual knowledge about Louisiana coastal land loss began consuming my evenings, weekends and holidays. In the summer of 2004, it consumed most of my three month sabbatical from the law firm.
 
Along the way, my law firm began a blog called Louisiana Law Blog. I began posting about several subjects on this blog. I had wanted to write a book on the loss of the Louisiana coastal wetlands, and I may still. In the meantime, however, posting entries to the law firm's blog sparked an interest in starting my own blog on the topic of Louisiana coastal land loss. Thus, I developed http://www.louisianacoastalwetlands.com.
 
2. Rob La Gatta: What do you hope to get out of your LexBlog blog?
 
Erich Rapp: In the future, I would like to see the federal government take into account the impact of their actions throughout the Mississippi River drainage basin on the coastal wetlands of Louisiana. I would like to see the federal government take responsibility for paying damages to those in Louisiana that have suffered as a result of coastal land loss, and most important, I would like to see the federal government take responsibility for a large scale restoration and preservation program in the coastal wetlands of Louisiana. I don't really think that all of that is coming from publishing a blog, but maybe it will play some small role in advancing national public awareness of the problem.
 
If somewhere along the way, I can find the right plaintiff(s) or defendant(s) in the right place at the right time, perhaps, I will also get to go back to court on this subject.
 
3. Rob La Gatta: If you read other blogs, what are some of your favorites?

Erich Rapp: I am really a novice at this. For me the best way to look at blog entries is by topic with Google News Alert or through a newsreader. Nevertheless, a couple of blogs that I follow are LaPolitics.com and Gizmodo.com.
That's all for now...check back in coming weeks, as more LexBlog clients continue to launch their blogs.

Talk of the LexBlogosphere: August 15, 2007

Today was a busy day in the LexBlogosphere, with tons of great posts coming in from bloggers around the country. Nobody at LexBlog can pinpoint what it is that has our clients blogging so actively, but we're not complaining.

Here is a selection:

Banks ought to be blogging, study suggests

Andy Merrett at The Blog Herald shares that banks ought to be blogging according to research by Javelin Strategy. "Their research suggests that 20% of US consumers read blogs, rising to 34% of affluent, tech-savvy ones."

From Bank Systems & Technology, Andy's source:

Blogging is a great step that banks can take in enhancing their online presence. Most younger consumers bank only online with very few yearly visits to a branch. And most banks' Web sites, while being very functional are not nearly as interactive as the branch. Blogging is a great way for banks to not only market to their online customers, but to show that, yes, there are real live bank employees behind their Web sites.

Sound a lot like law firms? Younger people, yes 25 to 40 year olds with legal needs, have very few dealings with law firms - even when the need arises or prudent planning dictates. And there's certainly no profession that has as great a need for demonstrating that the people who work in the profession, lawyers and the folks who work at law firms, are real people too.

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Talk of the LexBlogosphere: August 14, 2007

Seattle received an unexpected burst of good weather this morning, with clear blue skies and temperatures already in the high 60s (expected to reach the 80s later today). While the Emerald City is still the Arctic compared to what we're reading about in AP reports coming out of the south, locals to the Pacific Northwest are already outdoors, taking advantage of what may be among the last days of summer.

Meanwhile, in the rest of the LexBlogosphere:

Why lawyers can't ignore Facebook for networking

Like I've said before, Facebook may not be the right place for every lawyer to network, but the info Shel Israel got from Facebook should cause any reasonable lawyer to take notice.

  • Over 150,000 registrants daily. That's 1 million a week since January.
  • 35 million users today. Of course that number will be off a million one week from today.
  • Half of users are outside college. That number was zero in Sept. 2006.
  • 0ver 40 billion page views in May 2007.
  • Average visitor stays 20 minutes.
  • Most growth is among people over age 25.
  • 47,000 Facebook groups.

Related posts:

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Top 5 tips for law firm online video

law firm online videoFollowing our appearance on Lawyer2Lawyer's podcast on law firm's use of YouTube and online video, Technolawyer's Neil Squillante posted his top 5 tips for law firm online video.

Here's Neil's paraphrased list with a few of my comments.

  1. Hire a professional. Hire a professional filmmaker, and it could be any film school graduate to create a storyboard, direct, and edit.
  2. Optimize for search engines. When you upload your video to YouTube, carefully write your description with Google searches in mind and link back to your site. I've found Google indexing YouTube video's right along with other web content. But unless you create a title that describes the nature of the video, ideally including keywords relating to your niche area of the law, the video will never be found.
  3. Promote your video. You must then execute a promotional plan to drive traffic to your video. At the very least, let your clients know about the video and encourage them to send the link to others.
  4. Go local. YouTube's embedding code allows you to place the video you have uploaded at YouTube on your own blog or web site. It's free. If you're concerned about the YouTube brand there are other services that allow you to do the same. With the trust factor with Google's YouTube brand running high and most folks knowing you can click on the YouTube video on your site to get the code so it can be run on their blog, I'd use YouTube.
  5. Make sequels simultaneously. Leverage your investment by producing several videos at the same time for release at different times.

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Memo's & emails about law firm blog policies?

Per Craig Silverman of Toronto's Globe and Mail, it's no surprise that an e-mail containing draft corporate guidelines for how Canadian Broadcast Company employees should conduct themselves on personal blogs found its way to the Inside the CBC blog. The post referencing supervisor approval for all blogs generated nearly 100 comments, apparently most of which decried the new corporate policy.

There have to be law firm emails flying around about law firms establishing guidelines for what's suitable for publication on individual lawyer and staff member blogs. I know blog policies are developed for blogs published as part of a law firm's marketing efforts. But what about individual blogs, whether they be published on legal topics or be personal in nature?

I'm surprised David Lat at Above the Law hasn't discovered and published any emails from law firm management trying to clamp down on blogs. How about asking for some David?

Five Questions: Arnie & Lori Herz

This week's installment of LexBlog's "Five Questions" feature differs from its predecessors, in that it includes responses from two of our clients. Why?  Because these clients - Arnie and Lori Herz - are a husband and wife team already established in the LexBlogosphere.

Arnie is a lawyer and business advisor, who runs the blog Legal Sanity; his wife Lori, the co-founder and co-producer of Legal Sanity, is about to debut her own blog Write For Clients, which should be live in the next few weeks.

1. Rob La Gatta: When did you first launch Legal Sanity, and why?

Arnie Herz: We launched it in June of 2004, because I had a book proposal and was told that I needed to have a platform that would make it easier to get a book deal. So I decided to present these concepts that are set forth in Legal Sanity in a blog format first, before I did my book.

2. Rob La Gatta: Your website says you've trained over 3,000 lawyers. What is it that sets you aside from other business trainers?

Arnie Herz: I don’t know anyone who’s directly offering programs to lawyers on how to create highly energized interactions on a consistent basis and avoid the depletion that’s so common in the legal world.

The essence of my program is called "XE Factor." "XE Factor" stands for "exchange of energy." In every single interaction we have with another human being there is an exchange of energy. Sometimes you walk away feeling more energized, and sometimes you walk away feeling more depleted. And if you take a look at the typical lawyer, most of their interactions, most of the time, are depleting. Which is why many of them feel very burnt out. Their interactions with their clients are depleting, with their co-workers, with their partners, with their adversaries, with their family and friends…what we do in "XE Factor" is teach people how to become aware of this energetic exchange that takes place, and how to consistently create energizing interactions.

When you have an energizing interaction with a client, you create what is called the client evangelist. The client is so thrilled by you, so energized by you and your work, that they start referring you to other people. When you energize your employees, they become engaged, and so one of our programs is called "XE Factor Employee Engagement." And this plays itself out through all the different relationships.

I could go on for another 10 minutes, but I want to give you shorter answers here.

3. Rob La Gatta: Arnie, you mentioned that your writing was included in the BlawgWorld 2007 e-book. Can you explain a bit about what this e-book is, and how you got involved with it?

Arnie Herz: I will let Lori answer that one.

Lori Herz: We responded to a outreach by Neil Squillante of TechnoLawyer, and he appealed to some of the major bloggers in the legal world and asked for contributions. I think this is the second one they’ve done, perhaps the third, and it’s really a compilation of some thoughts from 77 of what he considers the leading legal bloggers. [...] It is probably as much to create exposure for the bloggers and to help lawyers understand what’s out there in the legal blogosphere. And it also is educational and promotional, because it also promotes some of the services and products [of] TechnoLawyer.

4. Rob La Gatta: Rather than using a static website and a blog, you manage to combine the two of them into one site at Legal Sanity. Why did you do this?
 
Arnie Herz: I think it’s very effective for me. It’s just simple to have it in one place and to maintain it in one place. And the main focus of my blog is really to attract attention to the thoughts and ideas that I have, and to focus on my training and development business. So if I [were] really strongly looking to develop my legal business, perhaps I would have a separate website. But it's very simple: just in one spot people can get a real good sense of who I am and what I offer.

Lori Herz: And I’m doing the same thing. I’m about to launch with LexBlog a site for my business writing and consulting practice. And I did the same: I combined a blog with what would be considered a more conventional website through the static pages in the back.

I had asked Kevin about that, and what he had relayed to me – which I think is really the conventional wisdom now – is that if you have a very niche focus for your blog, and a service line or product line that complements that niche focus that you would otherwise put on a conventional site, [then] combining the both into one site is perfectly feasible, because they just play on one another…you have the same niche, you have the same focus for the two, for the service line and for what you’re blogging about. So they really complement one another and support one another.

[In a situation] where you have, for instance, a firm that has a diversified set of offerings or practice areas, you would want to have both, because your blog site would be in a niche area and then the firm site would be more generalist and talk about the firm and its overall service offerings. It would be difficult to put all of that on a blog site, because the premise is that blogs these days are generally very niche focused.

5. Rob La Gatta: If you could provide one bit of advice to a lawyer developing his or her first blog, what would it be?

Lori Herz: I would say first of all, if they want to launch a successful blog, there are a lot of different formulas for it. I don’t think there’s only one formula. But part of it is, before you launch your blog, to really get down to the specifics of who you want to reach out to through your blog, what problems they have that you want to address through your blog and perhaps through your service line, and [finally], how you address those problems.

In my business, I take people through that who-what-how process, and it really facilitates the whole blogging process, because then you come to your blog knowing who you’re reaching out to, and you can tailor your content to that who-what-how. [The] other thing that I would say is to really take a broader sweep, and look out into the online world. There is so much information out there…so many great things being talked about. Look beyond the law and see what there is for the people that you want to draw to your site or draw through your front door. See what would interest them, and draw from all different fields and venues – marketing, branding, all over the place. [...] And really educate people, because when you share your knowledge and you educate people, that’s the way to be successful: you’re showing people that you’re an expert that they can trust.

Why are you an expert? Because you’re fielding all this information for them, and you’re delivering it in these bite size pieces that they can readily consume, and it makes it so much easier for them to say, “Oh, that’s why this is relevant to me…you’re taking all this stuff that I wouldn’t have thought about, you’re bringing it together for me,” and they’re appreciative of it. That’s what people say to me: “I wouldn’t have thought to look over here at the Christian Science Monitor for something relevant to the law.” But it's so relevant, and it's up to you to tie it all together for them. And I would say don’t be afraid to go beyond your typical fare to bring things to your readers that might be important to them.

Talk of the LexBlogosphere: August 13, 2007

According to The Seattle Times, the Interstate 5 construction that many feared would have a negative impact on the Monday morning commute wasn't as bad as expected.

In the LexBlogosphere, blog entries began to flow with the arrival of a new week. Below is a taste:
And don't forget, all clients are encouraged to keep sending me their firm's blog posts for inclusion in Talk of the LexBlogosphere.

Why most law firm web sites stink

Ninety-seven percent of 1,000-plus corporate Web sites evaluated by Forrester Research received failing grades. Gave rise to the Wall Street Journal's Ben Worthen's column, 'Why most business web sites stink.' May have well been why most law firm web sites stink.

Harley Manning, a Forrester vice president, told Worthern the common mistakes could be broken down into four categories.

  1. Value. The first mistake that companies make when they're designing a Web site is copying features from competitors. Bells and whistles are worthless if they don't help a customer find what he's looking for. Manning says that too few companies take the time to sit down with customers and find out what they're using a Web site for and what information would make a site more helpful.
  2. Navigation. Companies often opt for cute menus instead of clear menus.
  3. Presentation. Web sites need to be easy to read and understand. Yet the majority of companies still feel compelled to fit as much information into as small a place as possible. Look at the text on your law firm web site. Net users scan for bolded and bulleted text. That's lacking on sites written in 'Martindaleesque' paragraph prose.
  4. Trust. People are concerned about online privacy and security. Calling attention to your company's privacy policy can actually help sales, Manning says. For law firms that may mean emphasis on privacy for all intake items, including email, from the website to the firm.

Rather than looking at other law firms, look at business and corporate sites for guidance. You' ll get ideas your competitors will not and you'll be looking at sites developed with far more input from Internet users.

Talk of the LexBlogosphere: August 12, 2007

As is typical for Sundays, there were far fewer LexBlog clients blogging this morning than there were the rest of the week. Here are some of August 12's discussions:
Check back tomorrow, when a more comprehensive Talk of the LexBlogosphere will return.

Talk of the LexBlogosphere: August 11, 2007

Not much going on in Seattle today, though reports from around the blogosphere are describing the Gnomedex Conference as an exciting - if at times tense - experience. Meanwhile, with LexBlog's clients:

All video is trying to be crappy

That's on the slide behind Luria Petrucci (aka Cali Lewis), speaking with her husband, Neal Campbell, this morning at Gnomedex. They do a daily video podcast, GeekBrief.TV.

Cali Lewis Neal Campbell GnomedexThe point of the presentation is that you too can podcast, no matter your level of expertise. In November 2005, wanting to quit their day jobs, they knew nothing about video recording, production, or online streaming. Heck, they didn't own a video camera.

But they had passion. And though Cali and Neal readily admit they were producing crappy video in December 2005, they were not going to quit. They had a dream they could do something special. They did - within a few months GeekBrief.TV was drawing 120,000 viewers.

Bottom line message from Cali and Neal is to 'just start.' Too many people ask them how to do what they do and how to get started. Sadly, when Cali and Neal follow up, they'll find out the inquiring party never started.

Sounds like one secret is to pick up some of the online videos from Ira Glass explaining that crappy is what you'll see to start with your videos, but to stay at it. Ira is an NPR host and producer of 20 years, doing This American Life since 2005.

Side note for lawyers looking to add video to your blogs. These guys, like a lot of net entrepreneurs, went for it hook, line, and sinker. They worked long hours and were not working other jobs.

But Cali and Neal needed to be a big draw to join a podcasting network, get sponsors, and create ad revenue. Lawyers have an independent stream of income and some like what they do. A 3 or 4 minute video a week covering highlights in your area of law presented by you in a down to earth friendly fashion could be a good fit.

Update: Sat with these guys at lunch just now. Got some good insight on we can use video at LexBlog. Cali and Neal all about giving of themselves - good things do happen to good people.

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The Business Podcasting Book

For lawyers, blogging is all about marking. It establishes credibility and creates a web presence while driving information towards colleagues and potential clients. Few marketing mediums can do what blogs do. That doesn't mean one should rest at blogging alone. Some lawyers have turned to podcasting while others wonder what they need to do to get started in this medium.

The Business Podcasting Book explains how to launch and market a podcast. The book has five contributing authors: Michael Geoghegan, Greg Cangialosi, Ryan Irelan, Tim Bourquin and Colette Vogele.

Here is how lead author Greg Cangialosi described the book:

The book is broken into three parts and is roughly 400 pages. We first drill into an overview of podcasting, examples of corporate podcasting, podcastings role in the social media landscape, and what organizations needs to consider before jumping in.

The second section, which was written mostly by Ryan, is an overview of the podcast production process. He covers everything from planning decisions, all the way through to the production of your podcast and the power of RSS. Also in this section, Colette offers an excellent chapter on the potential legal issues organizations must consider as well before they delve into a podcasting initiative.

The third section of the book is focused on getting your podcast out there, building your audience and community, monetizing your content, and measuring your success. In this section I am joined by Tim who contributed an incredibly detailed chapter on monetizing your podcast. 

Podcasts can be daunting to those unfamiliar with the medium. This book, which is available for pre-order at Amazon, aims at explaining the concept and uses of podcasting while making it all less intimidating. It goes through each step towards familiarizing the reader with what podcasting is, how to do it and how to get the podcast greater exposure.

Some lawyers have already taken advantage of this tool. One example of a LexBlog blog with podcasts is the New Jersey Law Blog. Podcasting is by no means a necessity for every lawyer who blogs but it is a valuable addition providing similar positives as blogging.

As a way of full disclosure, it should be noted that co-author Ryan Irelan worked as project manager for LexBlog before Mark Melief took over.

Talk of the LexBlogosphere: August 10, 2007

Tonight begins the closure of Interstate 5 making headlines around the Puget Sound, which is expected to snarl traffic throughout the region until August 29. Good luck to all you local LexBlog clients as you try to navigate through the impending mess. Lucky folks like me - those who walk everywhere - won't have to deal with the added headache.

Meanwhile, elsewhere in the LexBlogosphere:
Don't forget to keep e-mailing your content if you think it should be featured in Talk of the LexBlogosphere. Remember, posts will only be considered for submission if sent before 10 a.m. Pacific time on the day of publication.

College blogs could teach law firm recruiters a lesson

The Blog Herald shares that for the second year Wabash College in Indiana has appointed three freshman to blog 'honestly and openly' about their first year experiences at the college.'

Staff decided not to edit or censor them, though they vetted those who wanted to write first, not only to get a range of backgrounds and interests, but also to ensure that 'they'd want their mother to read it'.

'For a lot of students looking here, they want to hear from students,' said Associate Director of Admissions, Chip Timmons. 'They want to know what the food tastes like, how hard the classes are. It's honest, it's genuine and it's what students want to know.'
The blogs are so popular that, aside from football, they are the most read pages on the college's web site.

With 80% of students making their first contact with their chosen college via the Internet, using blogs from new students make all the sense in the world.

Law firms ought to do the same. Get 2 or 3 new associates to blog 'openly and honestly' about their first year experiences. Such blogs are going to be the most popular pages on the firm web site because they'll include exactly what recent law grads want to know.

Ethics and liability issues? Be smart. It can be done. Blogging about general interaction with lawyers, staff, and lawyers at other firms (without use of names, if appropriate) as well as talking about the general nature of transactional work or litigation work one is doing can be done without creating problems. And with the popularity of pro pono and community service opportunities, lots of new grads would love to hear about those experiences first hand.

Such content is already leaking out and appearing on new associate message boards and listservs as well as blogs such as Above the Law. Take a little control of the flow of the information by promoting it via new associate blogs.

If there's any law firms promoting the use of such blogs, let me know. It merits a shout out here and then into national legal publications.

Talk of the LexBlogosphere: August 9, 2007

The big talk among bloggers in Seattle this week is the upcoming Gnomedex Conference taking place at the Bell Harbor Conference Center. The conference begins tonight, and features an impressive group of speakers (the list of registered attendees isn't too shabby either). Both Kevin and Colin O'Keefe from LexBlog will be attending the conference...hopefully they'll come away with some interesting insights worth sharing in this blog.

For now, here are the conversations taking place in the LexBlogosphere this morning:
Starting today, anyone featured in Talk of the LexBlogosphere will receive an e-mail from me, alerting them that they were included and featuring a link to the post. And don't forget...we accept content submissions if you are a LexBlog client with an item you'd like to see featured.

Gnomedex brings bloggers to Seattle

It's Gnomedex time again in Seattle. 300 to 400 of the world's leading bloggers, podcasters, and tech-savvy enthusiasts will be here for the two day conference, Friday and Saturday.

And of course it wouldn't be Gnomedex if our host, Chris Pirillo, didn't line up major tech companies to sponsor open bar and accompanying hor douvres networking functions at the coolest places in town. Friday night, it looks like they're closing the Seattle Aquarium on the shores of Elliot Bay for our get together.

I look forward to meeting those coming to town. I'll be there at the Bell Harbor Conference Center both days. Please look me up or drop me an email.

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Next stage in law firm website design

The look and feel of law firm websites is in for a big change.

With the days of niche experts publishing content on topics ranging from medicine to sports, sophisticated purchasers of legal services will expect to see legal experts publishing content. And they're going to expect to see that content displayed with lawyer bios and practice groups on law firm websites. With blogs and RSS, there's no reason for law firms not to get this job done.

And per marketing, PR, and social media expert, John Cass, websites don't have to stop at that.

As I was chatting with the VP of marketing [for large content management software company] I thought it would be interesting to discuss how to build an effective blog, but also discuss how blogging elements are and will influence the future design of traditional websites. The use of websites to market a company is changing, people are realizing that a website does not have to be a static, rather it is possible to use comment boxes to allow customers and prospects to comment on the context you publish on your website. You can also use other elements of social media technology in a traditional company website. Wiki's, forums, and digg like functions as a way to generate conversation and interaction with customers.

Law firms tend to be like lemmings with their websites. They follow each other, even if it be over a cliff.

As an innovative lawyer and legal marketing professional start looking outside the legal industry for what other businesses are doing with their websites. Start following those businesses and you'll shine like a bright star over the tired and old approach of most law firms.

Talk of the LexBlogosphere: August 8, 2007

It has been almost exclusively grey skies here in Seattle recently. And although we probably shouldn't expect much different living in the Pacific Northwest, you could almost hear the city's heart sink when folks opened their copy of The Seattle Times this morning and saw Christina Siderius' article predicting another two weeks of dark days.

Today is August 8, and LexBlog clients are already hard at work blogging. Here is a roundup:
Don't forget, if you have a blog entry that you think is important and would like to see included in Talk of the LexBlogosphere, feel free to e-mail me with a link. I'll do my best to include you.

Five Questions: Michael H. Cohen of the Complementary & Alternative Medicine Law Blog

Today we return with our "Five Questions" feature, which has been absent from this blog for a couple of weeks now. No better way to get back into the swing of things than to chat with Michael H. Cohen, the Massachusetts-based lawyer behind the Complementary & Alternative Medicine Blog, who I sat down with yesterday afternoon for a brief discussion.
1. Rob La Gatta: What caused you to develop the CamLaw Blog in the first place, and when did this happen?

Michael H. Cohen: In 2005, I came across LexBlog through a link from Wired. I realized that LexBlog was offering an outstanding tool for reaching a specific legal clientele and medical/health care audience, and provided a way to get the message out regarding the legal services my law firm was offering these unique segments of the legal marketplace. I also thought the blog would be invaluable for advertising general corporate legal services.

I signed up with LexBlog shortly before the blogging market exploded. In the early days (2004-5) very few people were sufficiently prescient to see how important legal blogging would become. Kevin O’Keefe was premiere in that crowd. He coached me expertly in the planning and packaging of my material, and gave a jump start on understanding search engine techniques and the methods Google and others use to rank blogs and get a legal blog noticed by the right audience. This helped me formulate my content and personal style for the Complementary and Alternative Medicine Law Blog. I also benefited from the exquisite design his firm provided.  

I remember that during one of first calls, Kevin said that it could take 180 days or so to establish a presence on the Web. At the time, this was a new concept: the idea that one could have a global “presence” through a blog. How could one type into a laptop and reach millions, if not billions, then and there? But sure enough, within six months, I began to see a Web “presence” develop. For example, my Web-based client referrals begin to grow. I no longer needed to ask, “where did you hear of us?” I could figure out what search terms had led clients to my site.

By then, I had learned how to write on topics specific enough for a niche market so that my site would get noticed in search engine results, yet remain sufficiently general to attract a broader readership.

2. Rob La Gatta: Your blog occupies a unique niche in the blogosphere, focusing on a specialized area of the law. Do you know of any similar blogs that write on the same issues as you?

Michael H. Cohen: Few other blogs, if any, specifically devote themselves to legal issues related to complementary and alternative (and integrative) medicine. Some blogs address health trends while others address health law, medical research, and developments in complementary medicine or holistic health. I do track some of these sites, and also follow technology and science sites, because these feed into themes relating to science, spirituality and soul.

3. Rob La Gatta: When writing content for the blog, do you find yourself taking the voice of a lawyer or of a medical expert?

Michael H. Cohen: I take the voice of an attorney and legal scholar who is also personally familiar with many complementary therapies, and who has had academic experience as a faculty member at a major medical school. Many of my academic colleagues are involved in clinical research, and so I have learned to draw certain conclusions regarding medical studies; however, I do not purport to have any medical expertise and my comments on clinical research are usually fairly limited.

Many of my clients are health care practitioners, so by including information about clinical research and health trends I can reach a broader audience than just lawyers and judges. Many readers are also patients. At the same time, I have found a client base developing among small, medium and large law firms seeking legal and ethical expertise in the health law arena, particularly around cases involving complementary therapies.

4. Rob La Gatta: If you could give one bit of advice to a lawyer starting his or her own blog, what would it be?

Michael H. Cohen: It takes a fair amount of time to shape a blog according to individual needs and preferences, and finding one’s online voice is very much an evolving process.

Lawyers also have to assess the resources they can devote to blogging. I encourage bloggers to develop their own personalities, to take risks with posts and express their individuality. Do not hide behind a fog of seemingly Olympian reporting.  

If you’re a large firm and have the resources and can hire and train someone to write blog posts, that is one thing. But if you are “lean and mean,” you have to take control of the process from start to finish, and be sure that the product is professional, accurate, and reflective of your personal style and values.

5. Rob La Gatta: I noticed that your blog doesn’t have comments enabled, and entries lack any indication of their publication date. What was the reason for these design choices?

Michael H. Cohen: Many comments are simply the product of spam robots, so unless one is willing to screen these individually, enabling comments at this point can be burdensome.  

Many of my topics are timely but not time-sensitive, meaning that the information is valuable as it accrues. But usually I am not looking to, for example, the one U.S. Supreme Court case that was announced yesterday and suddenly changes the entire legal landscape. Many of the issues addressed in the Complementary and Alternative Medicine Law Blog are ongoing, pervasive, multi-state, and ranging across the usual topics. For this reason, the site aims to be informative, and sorts entries by topic and date, without time-stamping the material.
That's it for today. We've got some great "Five Questions" interviews in the works for future weeks, so keep watching this spot to hear blogging professionals as they describe their craft in their own words.

Comment on a blog that you've never commented on

That's Darren Rowse's tip for today - comment on a blog you've never commented on before. Comes in Darren's series on '31 Days to Building a Better Blog Project.

Sometimes as bloggers it is easy to get in a rut both in your writing and in your reading of others blogs.

Go on a blog hunt today to see how many new blogs you can find in your niche. Add to the conversations on these blogs as you surf by adding useful comments and add to your feed reader with their RSS feeds so you can keep following them.

I'm as guilty as anyone in getting self centered in my blogging. Wanting to spend my time publishing content to my own blog as opposed to commenting on a post on another blog in my niche.

But that's so short sighted. No better way of networking and meeting interesting people than commenting on their blog. Not only will you draw the attention of the blogger, but you'll also have people reading the blog comments checking out your blog. Can tell you first hand that some of the biggest referrer links in my blog stats today are from comments I left at a well known blogger's sites a couple years ago.

And still being a bit in awe of the more famous, I always get jazzed getting an email or comment from an industry leader on whose blog I left a comment. Guy Kawasaki, veteran mac evangelist, VC, and author, dropped me an email within a few hours of my commenting on his then new blog a couple years go.

Have some fun. Meet some influential folks. Start drawing traffic to your blog. Commenting will do that.

Talk of the LexBlogosphere: August 7, 2007

The LexBlogosphere is alive with discussion this morning, and I opened my RSS reader to see an abundance of new content. It is Tuesday, August 7, and here are some of today's discussions:

Hunter Biederman's profile in top 10 page views at Avvo

Just saw this morning's post by Conrad Saam in the Avvo Blog highlighting the top 10 lawyer profiles viewed at the lawyer rating site last week.

Congratulations to Hunter Biederman, the Texas DWI attorney whose profile came at #5 on the list. Hunter, one of LexBlog's newer clients, recently debuted his Frisco DWI Lawyer & Attorney Blog.

Can't help but wonder whether or not his high ranking stems from interested folks who saw the posts here in our blog and in Jamie Spencer's Austin DWI Lawyer Blog welcoming Hunter to the blogosphere.

Good luck to Hunter from all of us here at LexBlog as he continues to develop his online presence.

Blogs among 10 hottest trends in law firm marketing

Law firm marketing expert Larry Bodine is doing a presentation for various chapters of the Legal Marketing Association this summer highlighting the 10 hottest trends in marketing.

Saw his presentation in Seattle a couple weeks ago. And Larry was nice enough to buy dinner at Etta's.

Anyhow, Larry calls blogs among the hottest trends in marketing:

Blogs, of course. There are about 2,000 law-related blogs and it's still a wide-open field. Run a search on your state on www.Blawgsearch.com and find out who else has a blog online in your area. Blogs bring in new business and turn associates into partners.

I'll let you read the full post at Larry's blog to see the other 9. Will tell you that Larry takes a strong swing at legal directories like at Martindale-Hubbell, saying that the only directory that matters is Google.

Larry says a number of the AmLaw 100 have already bailed out of Martindale-Hubbell. While on the other hand Google is now the 'the first choice for business execs researching a purchase for their company -- including legal services.'

As way of full disclosure, Larry is on a LexBlog blog.

Blog comments lead Feds to raid ex-justice department lawyer in spy leak investigation?

Potential liability arising out of lawyers leaving blog comments may have reached a new high if this one proves to be true.

Per Wired, some 'Righty bloggers' went to work upon Newsweek reporting this weekend of FBI agents raiding the home of former Justice Department lawyer Thomas Tamm as part of an investigation into how the New York Times learned about the government's secret wiretapping program. The bloggers quickly discovered that "Tamm had donated to Democrats in 2004 and that several blog comments critical of the administration had been posted with his name attached."

A blogger at Free Republic, cited by Wired, notes:

If it turns out that Thomas M. Tamm is the FISA leaker, then a good case could be made that [Bush Derangement Syndrome] postings on the web might have been his undoing. Ironically this would not be the first time a high government official illegally releasing top secret information revealed himself via web postings. Robert Hannsen, the FBI agent  convicted of selling secrets to the Soviet Union and Russia, raised suspicions about himself when he posted explicit information about his sex life on Internet chat rooms. Perhaps this FISA leak case will be the second time that web postings would have been the undoing of a government official illegally releasing top secret information. In the case of Hannsen his motivation was sex, in the current FISA case it just might be irrational BDS that undid the leaker. At least one person suggested to me that Tamm may be Mr. Blank, a regular commenter to the liberal Talking Points Memo blog who many believe is a former DOJ insider.  I'm not convinced that any judge would issue a search warrant, even in a national security case, simply for the kinds of posts that were actually done in Tamm's name (especially given that anyone could use his name to pass off posts).  But then again, maybe the lack of discretion in blog comments sections did get Tamm a visit from the feds. 

Government lawyers who may have found it expeditious to leak info to reporters and other influencers in the past may want to think twice when trying to influence opinion through blogs. Blogs not only leave a permanent record, but are also followed by a more ravenous pack of journalists than main stream reporters - bloggers.

Blawg Review rolls on at #120

The weekly Blawg Review is up to, count 'em, number 120 this week.

Not bad, considering that the Blawg Review editor has to get a lawyer a week to spend enough time away from billable hours to highlight the previous week's legal blog posts. Heck, many a law firm marketing professional has told me that getting lawyers to publish content for email newsletters and the like is like pulling teeth, except harder. That ought to provide some clue that blogging lawyers are getting more marketing bang for their time by blogging than the old and tired ways of articles, newsletters, and alerts.

Blawg Review Editor him/herself does this week's Blawg Review. She/he always writes the Professor Kingsfield Blawg Review segments.

Truth be known, it was The Paper Chase that only added fuel to the fire I had to go to law school. The movie came out in while I was in high school. And the TV series, which played for only one year, ran in 1978/1979, the year I took off to live in Madison before heading onto law school. Even then, I knew when it was time to take a break.

Speaking of Blawg Review, I need to give a shout out to LexBlog client, Jamie Spencer, who did a whale of a job with Blawg Review #117. Jamie did an excellent summary of our Bill of Rights, something we all take for granted, and the lawyers who have been blogging on the issue.

If I'm missing other LexBlog clients or other lawyers who have hosted Blawg Review that deserve a shout out, please let me know. Rob La Gatta of Lexblog is going to town on 'Talk of the LexBlogosphere' and other interesting stories on blogs and the law.

Updates:

LexBlog client Arnie Herz, publisher of Legal Sanity (must be going on 3 years now), hosted Blawg Review #108. Arnie, as he apt to do by reading a ton of law blogs, did a great job highlighting blog posts that worked best with his chosen theme of creating successful business relationships in the law.

Blogs popping up for less than mainstream 2008 presidential candidates

They may not be part of the LexBlogosphere, but bloggers Ian Samuel and Michael Nystrom are examples of the growing role weblogs play in shaping American politics.

Both men maintain blogs highlighting the progress of their favorite 2008 presidential candidates. While neither candidate is currently front runner for their respective party’s nomination, each blogger saw the value a blog could have in spreading their message across the web. A new form of grassroots promotion, the blog has become the political underdog’s new best friend.

“It's the fastest way to get your message out, period,” said Samuel, a 23-year-old student at the New York University School of Law who writes for The Bill Richardson Blog. Richardson, the governor of New Mexico, has been campaigning for Democratic nomination behind hopefuls Hilary Clinton and Barack Obama. “When networks of blogs interact with each other, the effect can be a powerful one that's completely independent from the candidate.”

Samuel started the blog in the summer of 2005, and at that time the Bill Richardson Blog was the first of its kind (though Washington for Richardson launched soon after). Since his blog’s debut, Samuel says, the people from Richardson’s official campaign – already prepared to handle the candidate’s web presence – have played a positive role.

“The response has been good,” he says. “They have a dedicated netroots outreach person, who is great about making sure all Richardson blogs are kept in the loop about things that are going on. There's great community networking and organizing tools on the official site, and all of that.”

While Samuel is focusing his efforts on the Democrats, at the other side of the blog spectrum is Nystrom, a freelance web developer who runs the Ron Paul blog at DailyPaul.com. Nystrom’s interest in Republican candidate Paul goes back to 2002, when he witnessed the self proclaimed “Champion of the Constitution” criticizing Alan Greenspan’s monetary policies.

“I made a note of this character’s name, and that evening when I got home from work I looked up his testimony on C-SPAN,” recalls Nystrom. “This was back in the days before YouTube, and C-SPAN had this clunky online video system that I had to painstakingly scan through to find the footage.  When I found the part with Dr. Paul, I transcribed it and put it up on the web.”

DailyPaul.com was launched this past January, after Nystrom heard an interview where Paul predicted the impact the Internet would have on the 2008 election.

“He said it would be a contest between the people who get their news in soundbites from the [mainstream media], and those who get their news more quietly and in-depth from the Internet,” Nystrom says. “I realized that was a true and correct assessment, and I wanted to be a part of it.”

The benefits of DailyPaul.com and its blog, he says, are widespread. Rather than just providing links to articles, Nystrom wants his site to give visitors a “shared experience.” They can comment and read comments from others, see how many times a story has been read and more. And since it isn’t Paul’s main website, it provides a variety of opinions, not just the “official” ones.

Traffic numbers between the two blogs may differ, if only due to their content. Samuel calls his blog “low post volume” – meaning he provides opinions rather than news updates – and says that as a result, traffic is lower than it would be at a news-centered site (though he remained tight lipped on exact numbers). Nystrom’s blog, which provides continuous brief news updates, has grown substantially: when it launched, Nystrom himself was the only visitor. Soon after, Matt Pyeatt – Paul’s eldest grandson – began blogging on the site, bringing the daily visitor toll up to 400. Today it has increased to “about 7,000 unique visitors a day.”

While at this (albeit early) point in the election game it seems that neither candidate will be the next president (an August 2nd Newsweek poll showed Richardson with 1 percent of Democratic preference for the party’s nomination and Paul with 2 percent from the Republicans), the fact that blogs exist in their favor show the substantial role the Internet is playing in a presidential election still more than a year away. For politicians in a wired America, a viable Internet presence could literally make or break a candidate’s campaign.
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Talk of the LexBlogosphere: August 6, 2007

It is Monday morning, and despite a slowdown in blog activity this past weekend, it seems like the entries are once again flowing strong. The date is August 6, and here are some of today's discussions:
Just a reminder that any of our clients who feel that they have a particularly interesting or informative post coming up should feel free to e-mail me and let me know. Have a firm announcement you want other lawyers to know about? A recent development in your field you think would interest your colleagues? Trying a new writing style in your blog and looking for feedback on it?

If you answered "yes" to any of the above questions, you should consider alerting us of your update. When clients request that content be included in Talk of the LexBlogosphere, I will do my best to work it into that day's update. I look forward to hearing from each of you.

Law firm web hipness great for recruiting

Last week's Boston Business Journal story on a law firm using the web for recruiting showcases a trend in leading law firms. Having a cool Internet presence, whether it be via a web site or blogs, helps recruit lawyers, new grads or lateral hires.

Looking decidedly YouTube-esque, Choate Hall & Stewart LLP in Boston has relaunched the career portion of its corporate Web site to include spoofs of the Mac vs. PC commercials that pit 'Choate vs. Megafirm' as well as video footage of summer associates discussing esoteric topics such as their favorite horror films and Swedish singing trios. The video effort underscores the premium Boston firms are placing on landing young legal talent.
.....
'We hope it helps law students to see that there are some differences in our model and our approach,' said John Nadas, a managing partner at Choate, which has about 200 lawyers. 'We like to think that we're relatively innovative, energetic and youthful. By seeing clips of the associates talking about themselves, recruits will get some sense of our character and our culture. We're having fun. Frankly, we find the Web sites of other firms not that entertaining.'"

New grads and seasoned lawyers with innovative clients are drawn to law firms who mirror what's going on in society. Law firms willing to take a chance like Choate Hall, and admittedly the risks are very low, are going to shine in the eyes of those recruits.

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2,903 BlogHer '07 photos

Josh Hallett wondered how many many photos would be indexed at Flickr for BlogHer '07. Josh reports it's 2,903 BlogHer '07 photos. Cool, and I'm sure a lot of good memories. Wish I had gone.

See you at Gnomedex the end of the week Josh.

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Law firms getting unwanted attention from bloggers

Law firms typically look to blogs to enhance the reputation of individual lawyers and practice groups. However, talking with Amanda Bronstad of The National Law last week, some blogs are drawing law firms unwanted attention. It's now the subject of Bronstad's story in the National Law Journal, 'Law Firms Get Their Share of Attention From Bloggers.'

Above the Law reports on more law firm gossip than any blog. Not a surprise in that it's edited by former assistant U.S. Attorney, David Lat, a prior blogger at Underneath Their Robes, a judiciary gossip blog, and the DC Gossip blog, Wonkette.

Gotta love Lat's philosophy. With Above the Laws promise of anonymity, the blog "...helps people act on their 'human instinct' to 'unburden themselves of a secret.'" And though no law firm has asked for a post to be removed, at least one associate has told Lat that his posts have caused a stir in their firm.

The result is Lat and blogs like the Skadden Insider publish, as Bronstad reports "...internal information at firms, such as confidential firings and sexual trysts with partners."

The other situation reported by Bronstad, and the one I discussed with her, was ex-employee lawyers blogging to get back at the firm. I didn't see it as high risk because of ethics issues, severance agreements, and making yourself unemployable. But upon Jeff Brauer's leaving his of counsel position with a law firm in China, he took an ex-employee blog to a new level.

Brauer spent five months sending e-mails and hiring attorneys to collect $150,000 in unpaid compensation he claimed the firm still owed him. Didn't work so he started a blog. The result was an agreement that Brauer would take down his blog in return for payment of his 'outstanding debts.'

Expect more blogs like Above the Law. Skanky law firm content attracts a demographic with a lot of buying power. That's not lost on advertisers.

Small law firms : Blogs should be part of master marketing plan

Blogs should be part of the master marketing plan for every small business per Deborah Cole Micekin John-Paul Micekin in this morning's Honolulu Star Bulletin. And the secret sauce as they point out is RSS, the medium by which blog content is consumed.

Today's overloaded consumer wants convenience. Since RSS is one of the major players in consumer-controlled media, it's here to stay. RSS is being used every day, all day, right in front of our eyes. It's convenient for both content providers and receivers. And that's what drives a capitalist economy -- solutions to demand.

Are people picketing in the streets or even expressing verbally what they want? Of course not. But they do know what they're yearning for, and that's control.

As a small law firm you can, per Micekin and Micekin of RPM Success Group, 'exponentially multiply' your online marketing strategies via RSS by:

  • Covertly monitoring your niche, industry, or competitors;
  • Staying up-to-speed filtering an incredible amount of information in a radically shortened timeframe;
  • Helping with your marketing, positioning, and promotion; and
  • Achieving leadership in niche areas of the marketplace.

The article goes on to cite an example of first time authors being crowned 'go- to experts' in their niche by the New York Times and Harvard Business School by virtue of their use of a blog and RSS. Not unlike, solo lawyers such as Jamie Spencer, Jon Alper, and Kristie Prinz with the success they're having with their law firm blogs.

By the way, the Honolulu Sunday paper kicks out what seems to be weekly stories on how to use blogs and social media for marketing your small business. You can pick such stories from that paper and others by setting up an RSS feed for - marketing blogs - at Google News. After doing the search click on the RSS link in the left hand nav bar and copy the url into your newsreader.

Talk of the LexBlogosphere: August 5, 2007

The LexBlog community seems less active today than on Saturday, with most of this morning's updates coming from blogging clients known to update on a near daily basis. Some of the offerings:

Using MySpace to build your law blog audience

MySpace is not for every lawyer, but with with 36% of its users being between the ages of 35-54, MySpace cannot be dismissed.

Though just throwing up a page/blog in MySpace is not likely to to generate any business, MySpace could be a good place to network with other bloggers having an interest in your niche area of the law. Not just other lawyers, but business people and other folks who may be facing issues for which you offer legal services or know of people who do so.

Networking is the key. Your goal is not to reach out your proverbial hand and say, 'Hey, hire me as your lawyer.' Your goal is to increase your blog readership so that other bloggers will subscribe to your blog and cite what you post to your blog now and then. Being cited as an authority in your niche is marketing gold.

Kevin Palmer of Buzz Networker offers some practical tips for using MySpace to build your blog audience. Though you should read his whole post featured at ProBlogger, here's a bulleted list of Kevin's tips.

  • Share original content on MySpace, as opposed to just linking out to content elsewhere. Some MySpace users view the net as beginning an ending with MySpace and may not follow your links. But offering content interested folks may read and point out to their network at MySpace can be a winner.
  • Target your audience through MySpace's powerful search features. The net, unlike a newspaper or TV ad, is all about identifying your target audience, finding where they are, and then communicating with them. On MySpace, run searches for your locale and/or for the types of folks who may need your services or know of people who may need your services.
  • Target blogs within your niche by using the MySpace blog rankings. Having identified the leaders, target their audience using Technorati as a tool to determine who their subscribers are. Kevin explains further here.

Kevin, a veteran user of MySpace for marketing has a whole series of posts on building a large blog audience via MySpace, He's up to Part 8 as of today.

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Talk of the LexBlogosphere: August 4, 2007

It seems many LexBlog clients have taken a rest from blogging this Saturday morning, as there were only about 1/3 as many postings this morning as there are most weekdays. It is August 4, and here are a few of the blog champions cranking out entries on their weekend:
Check back tomorrow to see if bloggers are more active on Sunday mornings than on Saturdays.

New Law Bloggers Speak: Joel Bolstein of the Pennsylvania Brownfields & Environmental Law Blog

In an attempt to give readers more information than the basic list of this week's live blogs can provide, we at LexBlog have started asking a few questions of our newest bloggers. We begin this feature with Fox Rothschild attorney Joel Bolstein, a Pennsylvania-based lawyer who just launched the Pennsylvania Brownfields & Environmental Law Blog.

Rob La Gatta: When and how did the development of this blog come about?

Joel Bolstein: I was recently named co-chair of the environmental practice group at Fox Rothschild. I saw that a number of lawyers in our firm had blogs in various specialty areas and I thought that I'd write a blog in my area of expertise -- the redevelopment of brownfield sites. Since leaving my position as Deputy Secretary of the Pennsylvania DEP, I've worked on many brownfield projects, and I keep current with new policies and regulatory developments. When Pennsylvania rolled out its program, I traveled the country promoting brownfields redevelopment. I've testified before the US Congress and the PA General Assembly on matters relating to brownfields redevelopment. Now I think it's time to share some of my experience and hopefully have a dialog with others committed to brownfield redevelopment.

Rob La Gatta: What do you hope to get out of your LexBlog blog?

Joel Bolstein: I'd like to be able to communicate with attorneys, consultants, developers and others in Pennsylvania and around the country who are working on brownfield redevelopment projects and discuss hot topics, think through issues, swap success stories, and share experiences.

Rob La Gatta: If you read other blogs, what are some of your favorites?

Joel Bolstein: I am an avid reader of blogs that cover politics and elections. My favorite is The Fix on the Washington Post's website, especially around election time. I also like Capitol Briefing, another blog on the Washington Post's website.
Keep watching this spot. As more folks like Joel begin developing LexBlog blogs, we hope to continue conducting brief interviews on what turned them into bloggers.

Live LexBlog blogs for the week of 7/30-8/3

Over the past week, we saw a few new blogs (as well as a redevelopment of one of our existing clients' blogs) launched into the LexBlogosophere. Here's what went live this week:
In addition to the launches above, we also debuted the recently-redesigned Law Biz Blog, written by law firm management consultant Ed Poll. In his blog, Ed provides tips and suggestions for helping law firms and attorneys increase their profitability.

NJ lawyers fight to be the best put on hold

'Super Lawyers' and 'Best Lawyers in America,' both legal directories of leading lawyers, will have to wait to hear whether they'll be able to use such superlatives when describing lawyers in New Jersey.

Public hearings before a special master appointed by the NJ Supreme Court scheduled for this week were postponed until the end of the month because of problems scheduling witnesses.

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Talk of the LexBlogosphere: August 3, 2007

After a warm and sunny day yesterday, Seattle residents awoke this morning to grey skies and rain. Some people are saying that if the rain continues, the Blue Angels - whose deafening practice runs over the city were detailed in yesterday's Talk of the LexBlogosphere - will be forced to cancel their performance this weekend. Only time will tell.

Here's what our clients are blogging about today, August 3:

International law blogs on the rise

Great listing of international law blogs at Dan Hull's blog, What About Clients.

Brooke Powell, writing at the blog, reports that over the last 18 months they've worked hard to discover and share what they see as the best international law blogs - active, high quality and preferably in English. Their blog now lists 298 blogs from 18 countries.

China leads the way with 42 blogs. Suspect that's not just because of the increase in Chinese commerce. The incredible success of Seattle's Dan Harris with his firm's China Law Blog had to play a role.

By the way Dan, get the Findlaw directory listing of your firm to link to the China Law blog and your firm site. You're paying them and when I searched your name and Seattle I found their directory listing of you before your blog.

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Talk of the LexBlogosphere: August 2, 2007

The Blue Angels are in Seattle today, practicing for the upcoming Seafair celebration and sending shock waves throughout the city's downtown core. Here are some of the conversations taking place in the LexBlogosphere today, August 2:

Talk of the LexBlogosphere: August 1, 2007

It's time to rip another page off the calendar. Today marks the first day of August, and some of our blogging clients have already kicked off the month in style. Here are some of today's discussions:
That is the news for today. Keep watching this space throughout the month of August and beyond to find out who's saying what in the LexBlogosphere.

NY lawyers urged to still take high road in advertising

Rochester Attorney Tom SmithDespite a federal court recently finding New York's new legal advertising rules unconstitutional, Rochester Attorney Tom Smith urges lawyers to take the high road in advertising.

In his guest column in the Rochester Democrat and Chronicle, the Monroe County Bar President explains that existing ethics rules do limit lawyer ads. '...[L]awyers must still honor the longstanding ethical rule that prohibits any advertisements that are 'false, deceptive or misleading.''

And though lawyers are free to use, as Smith says '...nicknames, mottos or trade names, to employ attention-getting techniques such as Internet pop-up ads, client testimonials, hyperbole and colorful gimmicks to entice potential clients, consumers of legal services can simply say, '...[N]o thanks," and instead contact their family lawyer, their friends, co-workers -- or call the Lawyer Referral Service, a community service of the MCBA -- for a referral to a respected, professional lawyer to represent their interests.'

I am as big a believer as anyone that the First Amendment protects attorney advertising. But tasteless lawyer ads only add to the awful image of our profession. This hurts the public and us.

As we lose the respect of the public, consumers trust lawyers even less. When in need of a lawyer to protect their rights, people contact lawyers only as a last resort. They'll turn to a friend, relative, co-worker, or stranger on the net for advice first. Why? They don't trust us.

We're also losing younger people seeking careers that allow them to make the world a better place. I aspired to be a lawyer and practiced for 17 years because the law was a noble and honorable profession. 40 plus years ago I believed growing up to be a lawyer would allow me to change things for the better. Still do believe that by the way.

But when grade school kids name as the most lawyer some huckster on local TV or a billboard, as opposed to Abraham Lincoln or Robert Kennedy, we're all losing something.

Follow Smith's advice. We don't need rules to take the high road on this one.