The challenge of unconferences and panels at legal conferences

I tweeted yesterday that I agreed with Dave Winer that conference panels suck. Thinking I was a fan of open discussion at conferences, I was quickly asked to comment on Jeff Jarvis's 2006 post on the 'unconference approach,' to a conference, a concept Jarvis cited Winer as the master of.

The 'unconference' per Jarvis is where the people in the room set the agenda and they’d accomplish this via a conversation, not a lecture. Jarvis had recent success with the concept.

I do agree with Winer that conference panels can suck.

The idea is to have a panel to discuss why panels with people racing to plug their product or pet idea, in competition with four other panelists, followed by the audience asking questions after lining up at a mike, is the wrong way to organize these things. 

Everyone has figured it out but no one wants to say it directly. 

It comes out like this: All the good stuff happens in the hallways.

So my panel would be a discussion about how to bring the hallways into the meeting room. Or to bring the meeting room into the hallways. Your choice.

I've been on panels and in webinars where company CEO's and product cronies drop the name of their company or solution as well note the thousands of customers they have every few minutes. Maybe they have something of value, but spare me and attendees your podium spam. I want no part of it for fear your stench will carry over to me.

I've also found that hallway discussions, coffees, dinners, and beers generate the best collaboration and ideas at conferences. One of the greatest ways to learn is to meet new people.

At the same time, the unconference approach is a not a winner for legal conferences.

Remind you, my perspective is coming from someone who practiced law for 20 years and who's now asked to present at legal conferences on the subject of networking through the net and social media. When I have the good fortune of presenting at one of the conferences or programs Jarvis or Winer references it's a different story.

If you’ve got knowledgeable panelists and audience members to pull into a discussion and learn from, an unconference can be great. The best thing about panels and group discussions for me is the ability to learn from co-panelists who are smarter than me — and there are lots of such people.

But if you’re asking lawyers and legal marketing professionals to speak intelligently on the use of networking through the Internet, as opposed to using the net as a way to push things at people who don’t want what you’re pushing and SEO, forget it. You’ll have the blind leading the blind, and drown out those who can challenge the status quo, inspire legal professionals to think differently, and touch a few raw nerves that need to be touched.

Legal conferences can also be driven by sponsors and politically correctness. The dualoply of LexisNexis and Thomson sponsorships undoubtedly effects who gets to present, where they present, and who's on what panel. They’re not fans of entrepreneurs more innovative than their employees discussing more effective and less costly solutions than the dualopoly sell. Unfortunately, some bar associations and conference organizers let them get away with it.

You’ll also have associations getting the ‘right people’ on the panels so as to reward this or that — or even to incent a prospective panelist’s law firm to pay for the panelist to attend so as to increase conference attendance.

Another problem with panels and unconferences in the legal industry is they can be ‘analized’ to death. Lawyers and other legal professionals like precision, lots of planning, and no surprises (lack of spontaneity). The result is multiple conference calls to be calendared with 4 or 5 people in advance with joint documents to be submitted a month ahead. I’ll take doing a one person presentation over that living death any day of the week.

The legal profession, I guess by its very nature of employing lawyers, takes the joy, collaboration, and learning out of an unconference environment. Even an event such as Ignite Law 2010 put on at ABA TechShow, modeled after the Ignite events around the country lacked the spark and spontaneity I’ve seen at other Ignite events. Though the presenters and topics were good, most presenters looked ill at ease, often trying to cram 30 minutes into 5 while reading off note cards or a script. Let alone dressed in coat and tie.

Sure, unconferences – and great panel discussions are a joy when you get them. I have had the pleasure and honor of participating in a few recently and learned a good deal — and I am sure other attendees and panelists did as well.

With the legal profession though there are challenges.

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Lawyers ill equipped to advise on intersection of social media and copyright laws

I ran across the same shocking legal commentary as American journalist, Jeff Jarvis, this morning. Legal commentary from a judge and a lawyer who look ill equipped to counsel anyone on the future of copyright laws.

I agree with Jarvis when he posts 'First, kill the lawyers - before they kill the news.'

Following the frighteningly dangerous thinking of Judge Richard Posner - proposing rewriting copyright law to outlaw linking to and summarizing (aka talking about) news stories - now we have two more lemming lawyers following him off the cliff in a column written by the Cleveland Plain Dealer's Connie Schultz.

First note well that Schultz is married to U.S. Senator Sherrod Brown as she calls on her newspapers and employer (my former employer, Advance Publications) and fellow columnists to influence Congress to remake copyright. She should be registered as a lobbyist. No joke.

Schultz says that David Marburger, an alleged First Amendment attorney for her paper, and his economics-professor brother, Daniel, have concocted their own dangerous thinking, proposing the copyright law be changed to insist that a newspaper's story should appear only on its own web site for the first 24 hours before it can be aggregated or retold.

Incredible. So if the Plain Dealer reported exclusively that, say, the governor had just returned from a tryst with a Argentine lady, no one else could so much as talk about that for 24 hours. A First Amendment lawyer said this.

Jarvis goes on to explain how nutty thinking like Marburger's is. The death of Michael Jacksoon spread like wild fire across social media (mostly Twitter) with people linking to TMZ' report. Marburger would give TMZ an exclusive on the report for 24 hours. But TMZ is not a newspaper so they don't get the Marburger/Plain Dealer protection?

I'm not a copyright law expert representing newspapers. I don't know how copyright law issues will play out. I don't know how social media and the Internet will continue to change everything.

But actively taking part in social interaction on the net for the last 14 years (first as a practicing lawyer), blogging for the last six, and Twittering for the last couple, I wonder if I have a far better view of what's going on than some lawyers who profess to be experts on the subject.

I'm not certain anything has changed in the way news spreads. It just spreads faster. Newspapers, Radio, and TV historically broke the news. We spread the word. We told people to turn on the radio, watch TV right now, and get a copy of the newspaper. Newspapers didn't complain then when we sent them traffic and new subscribers.

Because news spreads faster we're supposed to give newspapers a monopoly on the news? That's crazy.

Jarvis makes a compelling point which lawyers advising newspapers ought to think about when counseling newspaper clients.

Schultz and the Marburgers complain about what they call the 'free-riding' of aggregators, et al. But they simply don't understand the economics of the internet. It's the newspapers that are free-riding, getting the benefit of links.

The framers of our Constitution, including the First Amendment, intended it to endure and cope with the effects of the anticipated changes of our nation.

Things have changed - changed quickly. But let's be careful when thinking of following lawyers and Judges who may not understand the nature of the change.

Blogs key reason LA Times online revenue covers entire editorial payroll

LA TImes blogsThe LA Times online has grown its revenues to the point where they cover the cost of paper's entire editorial payroll. And Neilsen Net Ratings reports the LA Times has passed USA Today and the Washington Post in uniques with, according to internal numbers, 138 million page views in November, up more than 70% in a year, and 24 million uniques, up 125%.

Russ Stanton, editor of the LA Times, in an email to Jeff Jarvis: 'Given where we were five years ago,” he email, “I don’t think anyone thought that would ever happen. But that day is here.' I'll add to Jarvis' Amen to that.

Key to the success, in addition to a crack online editorial team? Blogs.

When I became innovation editor in January 2007, only four of our 49 blogs were produced by our staff, and those blogs accounted for only 2% of our site’s total monthly traffic. Today, we have more than 40 blogs, all but six of which are produced by our staff, led by Top of the Ticket, our presidential campaign/politics effort started by Andrew Malcolm and Don Frederick. Technorati now ranks Ticket in the top 60 blogs on the internet. At last count, about half our newsgathering staff — more than 300 professionals — are contributing to our blogs. In several of our traditional print sections (California, Sports, Books, Health, Travel), the entire staff is participating in that section’s main blog. That, in turn, has been acknowledged and valued by our readers. Today, our blogs account for 16% of our total monthly page views.

The second part of the Times secret sauce is education of its staff.

With some help from our HR folks, we’ve set up a 40-class curriculum on how to expand the skills our staff needs in these key areas. The most popular classes so far are learning the software program for posting to the web, headline writing to improve SEO, how to shoot and edit video, and 360-degree storytelling, taught by Aaron Curtiss, our innovation editor.

As I shared last week, blogs are now mainstream. Both for the media and for companies selling services or products.

For law firms, blogs will be acknowledged and valued by your target audience of clients, prospective clients, and the media (other bloggers and main stream media). Rather than continue to kick out your lawyer's intellectual capital in white papers, articles, newsletters, and alerts, why not steal a page from the LA Times playbook for success.

How are we going to search live legal coverage on the web?

Legal Video on the WebJeff Jarvis raises an interesting question today. How are we to index and search the live web?

As the web turns live with broadcasters streaming and with anyone carrying a mobile phone broadcasting the next big challenge for search will be how we can find what's going on while it's going on.
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No longer will CNN tell witnesses to send things to them that they then vet, package, and present to the world. When a Qik or Flixwagon user sees live news and broadcasts it on the web, it won't be through CNN. CNN's challenge will be to find it and its choice will be to link to it or embed it or not. That changes the role of a news organization in the ecology of news. It might even take them out of the flow of much of live news unless they can come up with systems to find and recommend what's happening now.

Google is not prepared for the live web. Google values pages that grow links and clicks over time. It understands the permanent web. Of course, that is a protean thing, a growing brain. But it's not live. Technorati likes to think that it gives us the live web but I'd say that instead it gives us the dynamic web, the latest static pages. It also doesn't give us live.

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There will need to be a new system where, Twitterlike, he who's broadcasting live can alert the world about what he's sending and others audiences or armies of interns monitoring these feeds help the good stuff bubble up and quickly.

There's no such thing as live coverage of local legal events with timely commentary from knowledgeable lawyers. That's all going to change with the shrinking cost of bandwidth and video equipment. Any lawyer with a blog, some time on their hands and a desire to get known will be able to report from a courthouse any day of the week.

Heck, why not a roundtable discussion with leading lawyers discussing this weeks events at your local courthouse? You've got a local 'On The Record With Greta Van Susteren' on your hands. You know how people love hearing about locals in trouble.

And Jeff's right, we're going to need a means of tracking and searching such legal coverage. Good opportunities await the organization who gets on top of new media coverage of the law.

How not to get sued for bloggers

CUNY Prof. Geanne Rosenberg has put up an online course for bloggers and media practitioners with the 10 things you need to know to stay out of court. As Jeff Jarvis, my source on this post, says it's quick, clear, easy, and fun with videos and quizzes.

The 10 rules to blog by:

  1. Check your facts.
  2. Avoid virtual vendettas.
  3. Obey the law.
  4. Weigh promises.
  5. Reveal secrets selectively.
  6. Consider what you copy.
  7. Learn recording limits.
  8. Don't abuse anonymity.
  9. Shun conflicts of interest.
  10. Seek legal advice.

Jeff also mentions Berkman Center at Harvard, who helped produced this course, is putting online a legal guide with information on such topics as setting up a publishing business.

It's not the blog, It's the conversation

Jeff Jarvis says the corporate Blog Council misses the whole point, it's not the blog, it's the conversation that's key.

When I was in London, I sat with folks from the BBC in an afternoon devoted to blogging, and the woman next to me was troubled, bearing weight on her shoulders from having to fill her blog and manage her blog. To her, the blog was a thing, a beast that needed to be fed, a never-ending sheet of blank paper. I turned to her and said she should see past the blog. It's not a show with a rundown that, without feeding, turns into dead air. Indeed, if you look at it that way, you'll probably write crappy blog posts. I've said before that if I think I need to write a post just because I haven't written one, I inevitably come out with something forced and bad. Instead, I blog when I find something interesting that I've seen and I think, 'I have to tell my friends about that.' You're the friends. So yes, I said, it's just a conversation. And reading hearing what others are saying is every bit as important as writing. It was as if scales were lifted from her eyes and weight from her back: She's just talking with people.

Mom always said 'God gave you two ears and one mouth and he did it for a reason. We are supposed to listen twice as much as we speak.'

With Jeff, 'It's not about them writing blog posts. It as much about them reading everybody else's blog posts.'

Entrepreneurial journalism for new grads : Law grads too?

"It seems to be a great time to be starting out in journalism. Just don't ask advice from anyone who has been in the business for more than five years." That's the advice of Saul Hansell, publisher of the New York Times Bits Blog.

Saul nails the historical party line for Journalism grads:

Find a gig where you can write a small town paper, freelancing for an alternative weekly, a business trade publication (my route). If you're good, the story went, you would find you way to bigger publications and forge a career.

Seems foolhardy these days with newspaper revenues on the decline and newsroom layoffs. But from Jeff Jarvis's Entrepreneurial Journalism class at the City University of New York's new Journalism School, there's hope for the journalist entrepreneur.

Jarvis got the McCormick Tribune Foundation to put up $50,000 as seed capital for contestants in his class. Saul was a juror for the contest. Hearing a lot of interesting proposals, he concluded grads can 'now count on technology services to accelerate many parts of starting a business.'

Items of note from the contest:

  • Hyper-local site for Bedford-Stuyvesant neighborhood of Brooklyn.
  • Global magazine for Muslim women.
  • Google's Ad Sense was on nearly everyone's plan as a source of advertising revenue.
  • Specialized ad networks were relevant to some ideas.
  • Starting an entire online service entirely within Facebook, ie, personal finance service for young people or a service meant to match high school athletes with college recruiters.

Everyone recognizes that another job is going to be needed to pay the rent for those going the entrepreneurial journalism route. Perhaps that's why we're not seeing as many ideas emanate from law grads. Two degrees cost a lot of jack, requiring a good salary to repay student loans, let along pay the rent.

But niche legal sites developing into quasi reviews, law journals, and treatises driven by technology services to accelerate things are coming.


Beat blogging has merit for legal reporters

'Imagine a live social network connected to the beat, made up of people who know the territory the beat covers, and want the reporting on that beat to be better.'That's the concept of Beat Blogging, an initiative launched by NYU Professor Jay Rosen's NewAssignment.Net.

Per J.D. Lasica, my source for this post, 13 news organizations want to see if it works. They include the Houston Chronicle, the Patriot-News in Harrisburg, PA, ESPN.com, MTV, the Seattle Times. Some of the beats per JD: Child welfare, Dallas public schools, "green" tech, Big Pharma, digital music, Procter & Gamble.

Jeff Jarvis talking about the project, makes a lot of sense:

I like to think of this as turning reporting inside-out: Before, the reporter put himself at the center, because it was through him that reporting flowed to the press and public. Now there can be a network of people who report and advise and the reporter should be asking himself what he can do to help them do that better; the reporter stands not at the center but at the edge, which reporters must learn is where the action really is.
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I return to the wisdom of Facebook's Mark Zuckerberg when he advised media moguls at Davos not to think that they could create communities but to instead realize that these communities already exist and so they should be asking what they can contribute to help them do what they already do better. Mark's prescription: give them elegant organization.

Beat blogging has great merit for not only reporters employed by legal publishers such as Incisive Media's ALM, but also beat news-reporters at newspapers and television stations. Who better to both provide information but to direct what is likely to be followed by the publisher's audience?

Greta Van Susteren at FOX News' On The Record is already doing this. Greta, a lawyer, regularly updates her blog, GretaWire, in which she solicits feedback and ideas on crime stories from viewers. Not unusual to see 3 to 5 posts a day with tons of comments.

As Jeff says, we're just tapping into a community that already exists. Our job then as publishers is to give the community elegant organization.

Networks of blogs may be the future of legal publishing

Jeff Jarvis has an interesting post on how Glam, primarily a network of women's blogs a year and half old, has overtaken decade old iVillage, which has always been the largest women's site in the U.S.

Jeff explains how:

Glam finds the good blogs and creates a relationship. It features good content from them on Glam and also sells ads on the blogs, sharing revenue with and supporting those bloggers. It now has about 400 publishers creating about 600 sites...some mak[ing] multiple six figures a year.
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So Glam is a content network. But they don't create all the content. They curate it. So we should curate more as we create less. That's another way to say what I've said other ways: Do what we do best and link to the rest .

Glam supports its network by selling advertising across the entire blog network. By providing such a platform Glam encourages others to produce more.

Jeff also discusses another blog network I've been following, ScienceBlogs. ScienceBlogs is self described as a community of 40 selected science bloggers, set up as an experiment in scientific communication.

The science bloggers do not have independent blogs in the sense of their own design, name and url ala lawyers on the LexBlog network. Their blogs are on the ScienceBlogs designed template and platform. But again it's ads being sold across the network of blogs that generate significant revenue for scientist bloggers.

LexBlog is launching a daily review of law blogs and journals called LexMonitor. So a network of high quality lawyer blogs is something I give a lot of though to.

Good law content on carefully defined niches in the law is being produced faster than people can consume it. Even sophisticated users of RSS feeds and newsreaders are challenged, let alone the vast majority of the public that remains at a loss when told they can subscribe to blogs, searches, and tags. Aggregating such content into an environment with editorial controls and community rewards may allow the masses to make meaningful use of such legal content.

In addition, taking on the large legal publishers such as LexisNexis and Thomson West as well as law review publishers requires a strong business model. Legal blog publishers certainly enhance their reputations as authorities through blogging. But it may not be enough to encourage them to produce more. Plus, with an independent source of revenue, legal scholarship could be produced by non practicing lawyers and law professors. Tasteful advertising across a network of legal blogs that passed editorial muster may strengthen the business model.

Interesting that Glam was driven by the question, WWGD? (what would Google do?) Google earns about 30% of its revenues from O&O sites (owned and operated by Google) per Samir Arora, CEO of Glam. The majority of Google's revenue is derived from advertising on non Google O&O's. Glam earns about 30 percent of its revenues through its O&Os.

Legal publishers like LexisNexis appear to distrust Google and its business model of indexing content, making it freely available and surround it with advertising. As Steve Matthews and others know I've been opposed to advertising on lawyer blogs, but perhaps there's an opportunity for new media legal publishers. Not to get rich off others' legal content, but to support an open and vibrant community of legal blog publishers.

I welcome your thoughts.

Note: Michael Arrington argues that Jarvis' post is misplaced Glam exuberance. I'm not arguing Web 2.0 silly valuations for a legal blog network, just that it's an interesting concept worth following.

Update: Jeff Jarvis' Glam redux at the UK's Guardian, 'To grow into the future media need a group hug.'