State bar associations stymying lawyers' use of blogs and social media
I can't tell you how often I'm asked by lawyers 'What about the state bar rules that prevent us from blogging and using social media?'
Without even giving thought to what they rules are, it's just presumed by lawyers and law firms that ethics rules will stand in the way of their use blogs and social media. Note, there are no rules that I know of that limit blogging and social media by lawyers.
Who's fault is this? The state bar associations. The vast majority of state bar associations have done little to promote blogging and the use of other social media by lawyers.
Strange in that social media, including blogs, may be one the most effective means ever for lawyers to engage real people and build meaningful relationships with the public. The byproduct being an improved public image for the legal profession. God knows something we sorely need.
There's a couple reasons I see for the state bar's inactivity. One is a total lack of understanding of social media and blogging.
The knee jerk reaction of the state bar's is to view blogs, Twitter, LinkedIn, Facebook, and the like as just another form of cheesy lawyer advertising. You know, 'It's just for a lower class of lawyers who need to hustle for the next client, the type of thing certainly not be to be endorsed.'
The fact is blogs (the good ones) and social media (good use of it) are as far from advertising as they could be.
- Blogs and social media are all about engaging your target audience in a real and meaningful way.
- They're about listening to people, finding out their needs, and offering value where you can.
- They're about offering the intellectual capital of a lawyer in way that can make a difference in others' lives.
- They better allow the public to connect with lawyers in a intimate way before they select a lawyer.
- They allow the public to make an informed chose of lawyer by listening to what their peers are sharing.
The second reason is that state bar associations tend to be run, or influenced heavily, by old guard lawyers whose reputations are well entrenched. Though most of these lawyers don't advertise, those that do have war chests which allow for heavy law firm advertising.
Old guard lawyers and law firms aren't looking to give younger lawyers and firms without war chests a competitive advantage. And God forbid, a competitive advantage earned through the use of something the old guard doesn't understand.
I went to law school to make a difference in other's lives. I used to think, naively so, that bar associations stood for the same thing. 'How could we, as an association help lawyers make a difference in other's lives? How could we as an association improve the image of lawyers, something that benefits both lawyers and the public, who would more likely turn to a lawyer in a time of need?
But in the 30 years since I started law school, the law has become less accessible to people, the reputation of our profession has diminished greatly, and far few lawyers feel the pride of being part of a noble profession.
Social media and blogging could stem of the decline. It's a shame state bar associations can't see that and do something about it.
Kevin-
I think you know I could not agree with you more, but I think the really important points are in your last four paragraphs.
I do not not think the Indiana State Bar Association or our Disciplinary Commission has taken the least bit of notice my blogging or of any other Indiana lawyer. Unlike some other states and we should be rather proud of them. On the other hand, hard for them to complain when the bar association has a blog and so does the Supreme Court's JTAC.
I have gotten some chuckles locally about my blog - and I will take them because it has been a godsend for my marketing.
It has also been a godsend for me personally - I think we have made too much a mystery of what clients should know. I do not think clients like it - hence the dislike, distrust of lawyers. With the Google age, this will no longer be tolerated by clients except of a certain sort.
We have an ethical duty to the public to educate them about the law. Blogs are doing that. Now if we could just educate the public how to use the information on our blogs!
Bar associations/disciplinary commissions elsewhere need to see that they are injuring us and the public by attacking those who blog.
Thanks for your post, Kevin. The law in general often lags behind technology, and seems that it is with ethics rules and social media. I think it is the responsibility of those of us on the "cutting edge" to act responsibly and ethically with our use of technology, even without rules governing. Often, bad laws or even ethics rules get created because one person takes advantage of a situation, which ruins something for those doing it right. Thanks for the insight!
Like with everything, I wouldn't overgeneralize. A number of bar associations are actively promoting and engaging its members with blogs. We are doing so at the Minnesota State Bar Association. We have a Legal News Digest that comes out each week (http://www.mnbar.org/digest), with highlights from blogs, particularly blogs from members. We have also tried to collect and promote blogging sites of members (http://www.practicelaw.org/142), but the truth is that there are not that many lawyers out there blogging (or blogging about substantive legal matters). Certainly, nationally there are, but when you break it down by jurisdiction, the number diminish substantially. Finally, you need to distinguish between voluntary and mandatory bars, as that does make a difference, as mandatory bars regulate lawyers, voluntary bars do not.
Thanks for the comment Greg.
It's nice that your Bar has highlighted the few law blogs that are out there in your state. But has the bar looked at the value of blogs to lawyers and the public in MN? Do they see the value of law blogs in breaking down the barriers between lawyers and lay people, their value in providing people helpful information, and their value in improving the image of our profession?
If not, the bar is not going to take any action beyond highlighting the blogs that are out there. If yes, the bar, assuming it cares about people's access to the law and the reputation of our profession, is going to take bold action to educate lawyers on the power of blogs and put together systems to get lawyers blogging.
I'm not aware of bar associations that look specifically at 'the value of blogs to lawyers and the public," though I think that would be an interesting if somewhat difficult inquiry.
For the most part, and speaking only as someone who works for a bar association, I view blogs and social media as one of a number of communication tools to engage those in the public who can afford to, and use, computers or smart phones. Certainly, blogs are valuable and we often promote their use, and I personally promote their use with many attorneys (I'm an attorney myself).
But, in all of the meetings I've had with attorneys, and in all of the programs in which I've been involved, the bar association is not seen as the bogeyman that stymies lawyers' use of blog or interferes with the adoption of blogs to engage the public (though perhaps it is different in other states). Rather, lawyers typically mention a lack of time, anxiety about learning and adapting to new technology, and sheer irrelevance to their practices as reasons why they don't -- nor plan to-- blog. At the same time, programs such as mock trial in the high schools, 'citizen lawyer' civic education programs, and high school peer mediation programs, contribute significantly to 'breaking down the barriers between lawyers and lay people." Could those programs use blogs more effectively to to engage the public? Certainly.
Originally, I responded to the argument you make in your post that bar associations have stymied the development of more lawyer bloggers. I cited just two examples, at least locally here, that this an overgeneralization. If the argument is now that bar associations should do more than just highlight or promote blogging, I agree, though only somewhat.
A blog is, in the end, a web site, though a bit more interactive than other web sites. There are already thousands of web sites, whether interactive or not, that supply relevant and needed information to the public (and, again, to the public that's not on the wrong side of the digital divide). Could we use blogs more powerfully in our wider work with the public? Sure, and increasingly we do. But, even with a legion of Minnesota bloggers at our disposal, I'm not convinced it would have the impact you believe it would. It will take a combination of many things, only one of which is blogging.
Hi Kevin,
I'm a lawyer from germany. Could you tell me what this little phrase "war chest" means?
thanking you in anticipation
Sven
Thanks for asking Sven. By "war chest" I am referring to have a lot of money.