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.