Law firm blog policy : Points to consider

As part of addressing the ABA’s National Legal Malpractice Fall Conference this month in Phoenix, I’ve been asked to develop a list of items law firms should consider in a law firm blog policy.

Here’s what I have so far, broken down into elements for each an internal firm policy and ethics policy. Let me know what you think by commenting here or by email. I’ll pull together the final list and perhaps even take stab at a sample blog policy – something larger law firms are regularly asking for.

Note that the list gets a little broader than bare-bone policies and into a checklist of items to consider. This way a lawyer or legal marketing professional may feel comfortable that they have addressed the relevant issues when making the case for blogs to the law firm’s management.

For Internal purposes of law firm

• Identify who may blog
• Identify technology issues and how they will be addressed

• Software platform to be used
• Graphic design and development
• SEO – search engine optimization
• RSS feed management
• Maintenance of platform, particularly addressing comment and trackback spam issues
• Hosting
• Upgrades – who stays abreast of advancing technology and tests upgrades?
• Backup

Training & follow-up issues

• Who trains lawyers and staff?
• Who oversees blogging?

Identify branding as firms or individual lawyers

ID ownership and who is speaking

Clearly label copyright

Blog copy

• General information and alerts closer to email newsletters/alerts?
• Entering into blog/social media discussion by following relevant RSS feeds and referencing in blog posts?
• Posting policy
• Individual lawyer(s) role
• Marketing’s role

Commenting policy

• Generally should allow
• Software set to moderate so comments are approved before go live
• What comments will be allowed?
• Who approves comments?
• Consider impact of Section 230 of Communications Decency Act

PR and communications

• What, if any, PR and marketing will be done to promote blog?
• How will networking with other bloggers and media be addressed?
• Who responds to media requests of bloggers?

ID processes for unforeseen issues – probably already in place

Ethics Issues

• Follow existing protocols of firm
• Determine if specific blog rules exist in your state
• May wish to file ‘screen shot’ of blog with ethic’s governing body
• Follow existing states ethics rules, particularly web advertising rules

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