December 4, 2009 by Kevin O'Keefe

Big law firms don't blog well? Says who?

I wonder what people would think if I started offering insight and commentary on legal issues relating to the pharmaceutical industry?

I take tylenol and ibuprofen from time to time. I've even been prescribed antibiotics for pneumonia on two occasions. And anyone checking with Vern's Winslow Drug on Bainbridge Island would find my 5 kids have consumed a lot of prescription drugs for which I've paid a ton in co-pay.

I could offer opinions on which drugs are effective, which ones are not. How we could move more and better drugs through the FDA. Maybe get into IP issues as they relate to drugs.

But my VP of Client Development, and others on my executive team, may start to question my judgment. Why would someone who's developed some expertise on Internet marketing for law firms, particularly as to blogging and social media, and who knows little about the pharmaceutical industry start to opine on such things. Why would a guy with a six year old blog about law firm marketing, blogs, Web 2.0 and a little baseball start talking about drug and device law?

They'd be probably be right. I couldn't expect folks to view me as a much of an authority on the subject.

But it's never stopped Mark Herrmann, a leading defense lawyer at Jones Day, with a particular expertise in pharmaceutical claims, from offering commentary on the effectiveness of law blogs on his Drug and Device Law Blog (excellent blog on that subject). Wilder yet, lawyers and even the Wall Street Journal Law Blog, have cited Hermann's commentary on the subject for the proposition that law blogs don't work well for client development..

The latest is Hermann's commentary on Why Big Firms Don't Blog Well. And why don't large law firms blog well, per Herrmann? Because lawyers in large law firms aren't funny enough.

Be funny! Be provocative! Do something that will draw readers in.

That's the key for many successful blogs, such as Simple Justice. It's not a first source of news. It's not breathtakingly intelligent (although it's not bad on that score -- don't take offense, Scott). But it has a voice. It's funny, and it can be thought-provoking.

Hermann proposes three hypotheses why large law firms don't succeed. Here's the first two.

1. Most lawyers at big firms are not funny.

That may be true of many lawyers at big firms (although it hasn't stopped us). But it's surely not true of all. So some lawyers at big firms could write blogs in an engaging voice.

2. Lawyers at big firms are trained not to be funny in writing.

Now we're on to something. Opinion letters are not funny. They may do a fine job of analyzing issues and protecting the firm from allegations of malpractice, but they're not funny.

And briefs are generally not funny. (At least not intentionally so.) Briefs present the legal issues in a persuasive and intelligent way, and they give proper dignity to the occasion of a legal dispute. They're written in formal prose, with no room for contractions, the first person, or colloquialisms.

Briefs also avoid humor, and for good reason: Humor runs a risk. If you say something cute in a brief and the judge appreciates it, you might earn yourself a smile. And maybe some good will. But you're unlikely to win the motion on the basis of personality.

On the other hand, if you say something cute and the judge finds it to be offensive, you may have done your client a world of harm. So most lawyers appropriately use humor only very sparingly in briefs.

Perhaps years of brief-writing beats the humor out of lawyers.

The fact is there are some great large law firm blogs written by lawyers who've experienced practice and client development success through blogging. Here's just a few from the LexBlog Network:

  • Francis Pileggi of Fox Rothschild, publisher of the Delaware Corporate and Commercial Litigation Blog. Pileggi, the "dean of Delaware law bloggers" has been blogging for several years now, and receives regular accolades from other attorneys, judges, and members of the media. See more in our Q&A with him about his blogging experience.
  • J. Russell Jackson of Skadden Arps, publisher of the Consumer Class Actions and Mass Torts. Jackson posts regularly and insightfully about complex class actions and mass torts - he actually started blogging because Herrmann encouraged him to. See our Q&A with him.
  • Ken Odza of Stoel Rives, one of the publishers of the Food Liability Law Blog Odza and his team constantly provide updates, commentary and analysis - not dull law review type posts or simple aggregation. Says being part of a large firm is actually beneficial because he has a larger body of knowledge and attorneys to draw from. See our Q&A with him.
  • Joseph Rosenbaum of Reed Smith, publisher of Legal Bytes, blogs about developments in law, marketing, and technology. Rosenbaum says having a blog at a large firm has helped internal firm communication and helps them serve clients better. See our Q&A with him.

Hermann's a nice guy I've enjoyed a beer with. I've described him as a little quirky, Woody Allen like (in a good way), when asked about him by our team here. But being a funny guy on your blog is not a prerequisite to publishing a good blog as a lawyer in a large law firm.

And when deciding who to take seriously on whether large law firm blogs can be a client and practice development success, please look at the source.

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November 19, 2009 by Lisa Kennelly

Joseph Rosenbaum of Legal Bytes: LexBlog Q&A

Reed Smith attorney Joseph RosenbaumThe move of the Legal Bytes newsletter from print to web was a no-brainer for Reed Smith attorney Joseph Rosenbaum, head of the AmLaw200 firm's Advertising Technology & Media group.

"By 2008," Joe says of his Legal Bytes blog, "I realized that my format - small, insightful, narrative pieces, virtually always referencing more robust information - covering a wide variety of topics at the intersection of law, advertising, technology, media and entertainment, finance, travel and more, was perfect for a blog format."

Reed Smith as a firm has 11 total blogs on the LexBlog Network, and Joe says that blogging has benefited both the firm's attorneys and their clients.

"Blogging has fostered our own internal communication, has allowed clients to quickly get a sense of the variety of issues and, bluntly, helps everyone appreciate the value of cross-selling and deepening the relationships of trust and confidence with our clients," Joe says.

We caught up with Joe for this LexBlog Q&A to learn more about the rewards of blogging and the responsibility of a digital media blog to stay relevant.

See our email exchange with Joe, after the jump.

Lisa Kennelly: Why did you decide to start a blog?

Joe Rosenbaum: I have been publishing Legal Bytes monthly as a one page (two sides of a page) newsletter since 1996 - literally mailing dozens of pieces of mail each month. When I joined Reed Smith, it was right before 9/11 and there was a break, but then I resumed publishing that same way until 2009. By 2008, I realized that my format - small, insightful, narrative pieces, virtually always referencing more robust information - covering a wide variety of topics at the intersection of law, advertising, technology, media and entertainment, finance, travel and more, was perfect for a blog format. I also felt, given the subject matter, that we should be in the 21st Century instead of just reporting about it. I also consistently lamented the fact that archives weren't searchable and that when timely items broke in mid-month, I was constrained by a monthly schedule. This way, I could blog to give my readers timely information.

Lisa Kennelly: What has been most rewarding about blogging? What has been most challenging?

Joe Rosenbaum: The overwhelming responses and acceptance - and positive feedback from readers and colleagues. It's more timely, people like it and can truly access it and refer to it anywhere without a PDF reader or a printer - although they can print out copies to read if they choose to do so. I have also seen continued growth in the subscription, readership and referral numbers - which means people are enjoying it and telling others to subscribe. The ability to get real-time feedback - literally hour by hour or day by day (although I do really have a full time job that I need to pay attention to as well) - tells me what and when I'm doing things right and, of course, wrong or dull as well.

The most challenging tactical issue was getting a large law firm to embrace social media, blogging and real-time conversations with readers - especially in a lighter, more narrative format than is traditional for most legal articles and online presence. At first, there was some thought to be very limiting about who, when and what subjects could be in blog format. The good news is that as the head of the Advertising Technology & Media group, my experiment was an easy one to sell and, in fairness, once the rationale was provided and the decision to go was taken, the firm has been bending over backwards to make it successful. The substantive challenges remain constant - ensuring material is timely, varied, interesting and enlightening AND articulating in a blog format that is readable and (dare I say this of legal material) enjoyable and entertaining!

Lisa Kennelly: Reed Smith has several firm blogs - does it make a difference to have the support of the firm or to know that other lawyers in the firm understand the value of blogs as well?

Joe Rosenbaum: Absolutely. Now blogs are a way of communicating and we and our clients are better for it. It is also important to remember that clients come to our firm with requests for advice, guidance, representation and transactions. It might be nice to think they are all law school case studies, but in reality, these almost always cut across legal topics and substantive skills and experience. Any given client matter can give rise to multiple issues in multiple areas, as well as across international boundaries. Blogging has fostered our own internal communication, has allowed clients to quickly get a sense of the variety of issues and, bluntly, helps everyone appreciate the value of cross-selling and deepening the relationships of trust and confidence with our clients. That's the business we are in!

Lisa Kennelly: As a blog that actually covers issues of new and digital media, do you feel particular pressure/responsibility to blog regularly and remain up to date?

Joe Rosenbaum: [Insert a chuckle here.] You bet. Not so much pressure, as a responsibility and desire to make sure what I write about or the articles from others I solicit are timely and meaningful and give people some insights or stimulate their thoughts in areas they might not have thought about or recent developments they didn't know about. In truth, the essence of blogs captures the essence of what journalists who look for the 'scoop' or write investigative pieces or find topics of interest to a broad audience have been doing since the very beginning - make sure they are writing about things people want to know, when and where they want it and in a way they can understand. Blogs may be different in format and the distribution channels may have moved from pulp (no disrespect intended) to electrons - but the essence remains the same because people still want the same "I enjoy reading that" reaction - and frankly that's what I am after.

Lisa Kennelly: What was the origin of the "Light Bytes" section?

Joe Rosenbaum: Like the "Whatz Gnu?" and "Useless But Compelling Facts" trivia contest - and yes, I do give out prizes - I wanted the content to include a few things that can entertain, make people think, let people remember or simply learn a new fact, while at the same time letting them smile a little. There have been so many thoughtful and insightful things, so many extraordinary minds who have given us great ideas - whether they are profound thoughts about our world from Albert Einstein, words of hope from President Kennedy, prayers for a better world from Dr. Martin Luther King or simply some homespun humor from Will Rogers or wry wit of Groucho Marx - I like finding them, they teach me something when I do and I wanted to pass that on. Like the other non-legal tidbits, it adds a bit of entertainment, a very short diversion from the daily grind and perhaps, just maybe, a little enlightenment. That's what Legal Bytes is ultimately all about anyway.

Interested in hearing more? Recent LexBlog Q & A posts:

Or, see our full list of legal blog interviews.

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