Appeared on this WEEK in LAW with Denise Howell

this week in law twilBlogger and podcaster liability was the subject of this WEEK in LAW with Denise Howell. It was a pleasure to be a guest with Karl Susman, who offers blog insurance from his agency, Debbie Weil, a corporate blogging and social media expert, and Victor Cajiao, a podcasting veteran.

May be worth a listen as we covered a range of issues including defamation, insurance coverage for bloggers, anonymity, corporate blogging, and blogging policies.

You may download a MP3 file which has been edited down to 21 minutes.

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Legal blogs and malpractice insurance carriers : Any updates

I'm one of the guests this Thursday on Denise Howell's 'this WEEK in LAW.' One of the issues we'll be discussing is blogging and malpractice carriers.

You may recall the fiasco when Chubb Insurance indicated they were not going to provide coverage for firms publishing law blogs. They were heavily criticized by lawyers across the country.

Chubb eventually went away with it's tail between its legs saying they wouldn't cover firms offering specific advice to specific fact situations - something no law firm does on a blog - but would, in general, cover law firms who were blogging.

Is anyone aware of any issues that have arisen with malpractice carriers covering firms that blog? Have any of you discussed the issue with your carrier? Have any of you procured coverage that applies specifically to blogs, perhaps described as publishing or advertising coverage in general liability business insurance.

Any info, thoughts, or insight would be appreciated.

Denise Howell of Bag and Baggage [LexBlog Q & A]

Yesterday's LexBlog Q & A featured Walter Olson of Overlawyered; today, we switch gears to another pillar of the legal blog community. Our guest for this last Friday before Christmas? Denise Howell, an appellate/IP lawyer who has been active in the legal blogosphere for the past six years. Denise's name can be found around the web, most notably at her personal blog Bag and Baggage and at a ZDNet blog, Lawgarithms.

In an e-mail interview conducted earlier this week, Denise and I spoke about her history operating within the legal blogosphere, why blogs are here to stay and more. The full text of the interview is below.

1. Rob La Gatta: An old post Kevin wrote says that you've been blogging since 2001. Is this accurate? If so, what first piqued your interest and made you get involved with blogs so early in the game?

Denise Howell: It's accurate, and it actually was a game that got me blogging. I had read The Cluetrain Manifesto in 1999, and it resonated with me about individuals and business more than anything I'd studied in college or law school. After that I kept up with the writing, thinking, and online doings of three of its co-authors who were early bloggers.

One of them, Christopher Locke, was writing an article for the Guardian about weblogs. He exhorted the readers of his e-zine (about 5,000 folks) to start blogs and link to him, so (1) he could have something to write about, and (2) his standings in "Daypop" (a Technorati precursor) would theoretically go through the roof. I took the bait over the Thanksgiving weekend and became a blogger in the process.

The point was to play around with the technology (which was free and easy), and the network effects of using it (which were fun and ultimately quite powerful on a number of levels). Many of the folks who participated in Locke's "article research" are still blogging away, and are some of the most thoughtful and insightful folks I've come to know.

2. Rob La Gatta: What are some of the most noticeable changes you've seen legal blogs undergo in the six years you've been watching them?

Denise Howell: I suppose the most noticeable change is volume. In '01-'02 there were so few bloggers that were connected in some way to the legal world, [that] we all pretty much knew each other, and it was possible to keep up with every blawg out there.

By '03 the new blawgs were coming fast and furious, and it was great to be able to discover a steady stream of new voices through the blogrolls and recommendations of the folks you were already reading. There was great potential for legal institutions - firms, academia, and government - to leverage the technology, and I had great hope for law firm blogs.

That potential has not yet been realized. With few exceptions firms seem to dabble in blogging reluctantly without "getting" it. Law schools do a far better job. It's a process, though. In the mid-90's email was novel; now it's ubiquitous. Blogging and/or its related/successor tools are here to stay. They'll become such a part of our culture, interviews like this one are bound to seem pretty silly before long. E.g.:

Q: What are some of the most noticeable changes you've seen legal telephone conversations undergo in the six years you've been participating in them?
A: Uh...

3. Rob La Gatta: You argued back in 2005 that law firms should look to PR folks, who have made serious headway in spreading their message through blogging. But it's almost 2008, and we still see many large law firms showing resistance to blogs, and even fewer encouraging their lawyers to blog freely. Why do you think this is? What will it take to convince big law firms that there is value in blogging?

Denise Howell: I did? I don't remember. :) I was probably struck by the contrast.

I saw Steve Jobs speak at the first "D" Conference (and blogged it). When asked about the challenges they faced at the beginning of the personal computer era, Jobs quipped: "People couldn't type. We realized: Death would eventually take care of this."

Legal institutions, firms among them, will adapt to (and adopt) the communications tools that work for their evolving work force. If/while they don't, key parts of their work force will inevitably use those tools to do away with the need for things like institutions at all. (Have you been following the Web fallout of the WGA strike?)

4. Rob La Gatta: You have given yourself an advantage in the legal profession by utilizing technology and new media skills. How important do you see the use of technology as being to the legal profession today, and why should lawyers take the time to learn these skills?

Denise Howell: I don't think you can force technology on anyone, but the beauty of blogs and related tools is their ease of use and the unlooked-for (and sometimes near-magical) effects that flow from their use. I should say rather that our generation might consider those effects magical; future generations will simply expect them, then demand (and create) situations and relationships we can't even imagine.

5. Rob La Gatta: And the question I like to ask everybody I interview for this feature: if you were to encounter a lawyer just starting his or her first blog, what is the one most important bit of advice you'd offer them?

Denise Howell: If you haven't already, immerse yourself in the new media ecosystem. Explore, learn and enjoy.

  • Find what resonates with you: text, images, audio, video - or some combination thereof.
  • Pick your medium and give it a whirl. Don't worry about having to feel your way. Don't worry about being polished. Learn as you go.
  • Ask questions in public.
  • Use easy tools.
  • Don't get fleeced by consultants or marketing folks who insist you'll flounder without their help. You can accomplish a great deal for little or no money and primarily on your own.
  • Educate yourself about the ethical obligations specific to online communications.
  • Educate yourself about Creative Commons, take advantage of the wealth of licensed material there, and license your own work in the way that makes the most sense.
  • Share the information you're most passionate about.
  • Heed a Dave Winer-ism and narrate your work.
  • Be a guide.
  • Give your take on events and proceedings that are interesting but not necessarily accessible through mass or even niche media.
  • Remember you're person and speak in your own voice.
  • Most of all: have fun.

Interested in hearing more? Check out some of our other featured guests...Denise is just the latest in our ongoing series of legal blog interviews for the LexBlog Q & A.

How to write a blog that follows you in your legal career?

Lawyers move. They do not stay at the same firm all their lives. At the same time, a lawyer's value in the market place is determined by their reputation as a trusted and reliable authority in their field.

A professional blog is quickly becoming the leading method of further enhancing your reputation. But, web strategist, Jeremiah Owyang, points out that creating a blog that follows you isn't always easy.

The Career Blog is a unique property, it's a mixture of work, personal, yet all passion. It travels from one job to the next, and can be one of the attractions for clients, employers, and partners. Balancing the needs of those many constituents is a challenge.

Jeremiah's post on the subject raised the question, 'How do you publish a career blog?' Commenters have left ideas and examples, some apropos for a lawyer, some not.

Here's a few of my own.

  • Obviously make sure your blog is yours, not your law firms. Seems obvious, but make things clear up front and copyright as yours. You'll be surprised that many large good law firms like it that way.
  • As you develop niches in your practice, blog on what you love to do as a lawyer. Waive the magic wand and ask what type of work would I like to do and you would I like to do it for. Share content as if you already achieved that goal, content that's value to that audience and that's going to permit you to network with those types of clients.
  • Don't worry that the niche covered by your blog doesn't cover the spectrum of what you do as a lawyer. Lawyers speaking at conferences are invited to speak on one subject year after year though they may do other sorts of work. But it's that niche that gets them in the door and established their name as an authority. Do the same with your blog.
  • Be transparent. As things change in your practice and as you change employment, share (as much as you can) your reasons for the move, your emotions, and how things are going. Your blog will have attracted readers because they've come to know you. They like you and your style. They'll understand and may even follow you closer. It's those readers that spread your reputation by word of mouth.
  • Though your blog is professionally focused in your niche in the law, Denise Howell has shown me that sharing personal experiences where I can. Blend it where you can and do what feels comfortable. Readers will come to know you as a person and they'll stay with you.

What ideas do you have for a career blog?