The Three Types Of Practicing Lawyer Blogs

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POSTED ON SEPTEMB ER 29 , 201 1 B Y MA X KENNERLY , ESQ.

The Three Types Of Practicing Lawyer BlogsSCOTUSBlog, the premier media source — internet, newspaper, anywhere — forSupreme Court news, has just undergone a revision, including sponsorship by BloombergLaw. Scott Greenfield, the premier source for complaints about legal blogging, thinkssomething was lost in translation:

Most disturbing is the resort to the formulaic approach of “ask the expert,” and theexpert invariably being someone with scholarly credentials so that their everyutterance comes with built-in academic credibility. We see it in newspaper articles andon television news, the lawprof opining about things he’s never personally touched andonly seen from afar. We were knee deep in ideas from people who have never actuallydone the things they speak about with such refined expertise. Now we’ll be neck-deep.

For those of us who have long appreciated SCOTUSBlog being there, being the firstresource for Supreme Court decisions, briefs, reports, it seems unfair and

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Bob Ambrogi is more sanguine:

The rebirth of SCOTUSBlog as more a form of SOCUTSNews was unavoidable and hasbeen a long time coming. You don’t get very far as a Supreme Court litigator by pointingout how unprincipled and political many of the Court’s decisions are. You also don’tbecome a major media source for commentary by pointing out that the court’s keyopinions are loaded with rank hypocrisy — consider how often the five “Federalist” judgesthese days use ambiguous federal statutes to pave over state-created rights — or thattheir poorly-reasoned opinions often raise more questions than they answer.

Truth is, as a blog gets more popular, it tends to get more “mainstream” and lessprovocative. That’s not necessarily a bad thing; SCOTUSBlog was never particularlyedgy, and there are plenty of people around more than happy to criticize our robed

unappreciative to question Tom Goldstein’s effort to make money off his blog andfurther his career as a Supreme Court litigator. And yet, I can’t help feeling that we’velost a trusted friend, a reliable neighbor, who is moving from the ‘hood to the corporatebigtime. And that our comments will be deemed too stupid and unworthy to make itonto the small screen.

I believe that Bloomberg’s sponsorship will prove to be a benefit to readers ofSCOTUSblog. For several years now, this blog has moved closer and closer tobecoming a serious — dare I say “mainstream” — news site, particularly since bringingaboard Lyle Denniston. Now it will be able to devote more staff and resources to thattask, which can only make it all that much better.

And before anyone bemoans the blog for “selling out,” keep in mind that this newsponsor is, itself, a professional, global news organization, one that already has a stronglegal news component. As a matter of fact, I would say that this sponsorship will bebetter for the blog’s readers than was the blog’s longtime affiliation with a major lawfirm, Akin Gump.

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overlords. I couldn’t be happier that SCOTUSBlog has a bright and secure future as theprimary source for plain-vanilla apolitical analysis of the Supreme Court; it’s the firstplace I go for information about the Court. No offense to the New York Times or NPR,but, when they report on the latest opinions, they simplify matters for their non-lawyeraudiences, and they don’t helpfully link to the lower court opinions and the merits briefs.

The SCOTUSBlog revision puts into perspective some trends I’ve seen in the universe ofpracticing lawyer blogs. (Put aside the legal academic blogs and media venturesunaffiliated with firms; they have separate trends.) It seems the practicing lawyer blogsare separating into three general classes of blogs, which I’ll call the mainstream, thepersonalities, and the marketers.

The mainstream are blogs with several in-depth, substantive posts every week. Theseblogs are typically written and edited by multiple people and aim for a journalistic style,sometimes in the form of third-person-omniscient, apparently-neutral-reporting or inthe form of a typical newspaper opinion/editorial. Like newspaper websites, they tendnot to engage in discussion with other bloggers, though they will engage with major mediaand academics. SCOTUSBlog is one. Francis Pileggi’s blog is to Delaware corporate lawwhat SCOTUSBlog is to the SCOTUS. Bill Marler’s blogs (scroll to the bottom) own thefield of food poisoning litigation. Big firms in particular have jumped on this one; FoxRothschild has a bunch of blogs written by lawyers. These aren’t blogs when you feel likeit, they’re part of a systematic process to produce substantive legal content.

The personalities are the single lawyer or handful of lawyers who write when they’reinspired, and they’re written with a distinctive voice. These blogs can range from analysisof case law (e.g., Drug and Device Law, D & O Diary) to personal observations about law(e.g., Erik Turkewitz, Associate’s Mind, Day on Torts) to a mixture of both (e.g., ChinaLaw Blog, Abnormal Use) . When someone mentions the “blawgosphere,” they’re usuallytalking about those blogs — not least because those blogs are far, far more likely to linkout to other websites and to engage in discussion with one another. “Organic” is an apt

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out to other websites and to engage in discussion with one another. “Organic” is an aptdescription.

The marketers are blogs written first and foremost for potential clients. They rarelylink out and rarely go into substantive discussion about the law. Huge numbers of themare insulting and unreadable, but they don’t have to be that way. AboutLawsuits islargely an SEO front for Saiontz & Kirk and is too focused on potential-client-conversionin my humble opinion (would it kill them to cite a court caption?), but they’re doingoriginal reporting by discovering new legal developments and reporting on them. RonMiller has a couple quality blogs aimed at clients (see his Related Blogs sidebar), as doesJonathan Rosenfeld. You don’t have to be embarrassed of these blogs if you do themright, and they’re probably the least expensive and time-consuming to do.

Here in Philadelphia, there aren’t any mainstream blogs I’m aware of, Stuart Carpey runsa personality blog, Drug & Device Law is here, and there’s a couple thousand marketingblogs. I imagine the numbers are similar in most cities: there’s no mainstream blogs, ahandful of personality blogs, then hundreds of marketing blogs.

I don’t agree with Greenfield that, for marketing blogs, “no one really cares when youwrite and, well, you don’t write anything of substance anyway.” I don’t really care whatshows up on the marketing blogs — I either know what the blog is talking about or I don’tcare — but some people do care. Not everyone is fluent in the languages of law ormedicine. My firm’s main blog is a marketing blog aimed at potential clients; I don’t seewhy a practicing personal injury lawyer would care about it, but non-lawyers do, and weget inquiries from people who don’t have any sort of lawsuit but just want informationabout something. We’re happy to oblige, and we get satisfaction out that the same way amainstream blog gets satisfaction out of a mention in the newspaper or a personality bloggets satisfaction out of a link or a thoughtful comment.

In turn, my organic blog here got me named as a co-defendant along with Greenfield, theABA, and dozens of other ‘personality’ bloggers. C’est la vie; there are indeed, asGreenfield says, downsides to writing worthwhile content, like potential legal liability and

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in the frustration of dealing with obnoxious internet commentators hurling invective fromtheir basements. Then again, I couldn’t write a marketing blog if I tried; as any decentpublic relations specialist will tell you, writing good ad copy that doesn’t sound likehuckster garbage is actually quite hard.

This trifurcation of the blawgosphere has ramifications for both writers and readers. Forwriters, as I’ve said before, Google rewards quality content. All of the above blogs arehigh quality in their own way and in their own field; they are being rewarded accordingly,and they are useful not just in showing up in search results, but in actually developinglawyers’ reputations (PDF). Don’t feel compelled to write a particular type of blog; writewhat you like to write and get good at it, or it will suck and you will hate it.

In contrast, the marketing blogs that fail to distinguish themselves from one another andwhich might as well have been written by high school students or computer programshave been slipping and sliding for some time, forcing them to resort to an increasinglyexpensive and difficult SEO spam arms race. That’s not to say there’s no room formarketing blogs, but the same-old blather about last night’s car accidents won’t work anymore. Even Jim Sokolove, who was marketing his practice thirty years before it was cool,has started filling out his site with some substantive (albeit short) content about asbestos.I find the odds of him linking out to anyone to be zilch, but original, substantive content isa good start.

For readers, the quality just gets better and better. SCOTUSBlog remains a valuableresource, as do all the blogs I listed above. LexBlog has a nice portal that highlights postsby their client firms, and there’s always something interesting a click or two away. Thereare about a billion Twitter lists (e.g., here, here, here, here) cultivated to put greatcontent right in front of you.

All in all, I think we’re on the right path. Are practicing lawyer bloggers engaged with oneanother on the same personal, first-name basis as a few years ago? I don’t know — thosetypes of blogs are certainly a smaller fraction of the overall legal blogging universe, butthey’re still around, and many others are producing great content every day that

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someone, from other lawyers to educated laypersons to the hopelessly lost, willappreciate.

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Butler Wooten • 4 years ago

Thanks for posting this. I've recently started blogging for our firm, but I'm afraid that my "personality" postsmight get lost in the "marketing" posts that are written on our behalf by FindLaw. Having two firm blogs - onefor marketing and one for "personality" posts - is an interesting idea.

Buddy MorrisonButler, Wooten & Fryhofer, LLP

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Turk • 4 years ago> Butler Wooten

FindLaw? FindLaw? Did someone say FINDLAW!!!

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Max, I hope you allow links in your comments...

http://www.newyorkpersonalinju...

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Max Kennerly • 4 years agoMod > Turk

For you, Eric, no problem.

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Keith Lee • 4 years ago

I'd say that's a pretty accurate breakdown of the prevalent types of legal blogs. I’d also say that it’s a fairly naturalevolution of the “blawgosphere.” I have no problem with SCOTUSBlog going “mainstream” either – it wasalready about as mainstream of a legal blog as you’re going to get. It provides comprehensive coverage of themost important Court in the country. That it’s taken it this long to get a large, exclusive sponsorship seems odderthan anything else.

In regards to “personality” style legal blogs, I’d agree that they seem to be shrinking in scope and influence. Thereare seemingly a number of established personality blogs that have been around for some time, but many of themare dropping away. The bloggers burned out or are too busy to maintain the blog. And considering that there doesnot seem to be many new personality style blogs popping up, it’s a shrinking part of online legal commentary.

I think it’s partly that personality blogging is much more difficult then straight mainstream legal analysis. Apersonality blogger typically shares more of their thoughts on life, the universe, and everything, and generallyopens themselves more to criticism. For risk-averse lawyers, that doesn’t exactly sound appealing. Which is ashame, because while I absolutely keep up with mainstream substantive legal commentary – I also enjoy theextra “flavor” that personality style lawyer blogs provide.

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Max Kennerly • 4 years agoMod > Keith Lee

I agree with all of that, but I'm more optimistic about the 'personality' blogs. You're a relative newcomer,something like 15 months. Jeff Gamso's first post was only May 2009. New personality blogs are

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Knowledgeable, readilyaccessible and honest as allget-out. One of the bestlawy ers I hav e encountered,highly recommend him."

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appearing, though many likely toil away in obscurity for a while before they receive any real traction, andI bet in the past few months several great personality blogs have been started, we just haven't found themyet.

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John Day • 4 years ago

Max - thanks for your reference to Day on Torts.

I agree with your breakdown of blog types, but I think there is a sub-set of marketing blogs that deserve theirown category. Some alleged bloggers write only to report recent car wrecks or other tragedies. one-line posts, offering no analysis, and link to only some television station or even less reliable source. life meat-heads who generate these posts offer nothing of substance to anyone.

To be sure, this type of blogging is unabashed marketing, but it is so devoid of substance and so crass that it isunfair to legitimate, pure marketing blogs to include it in the marketing category.

If in fact a sub-category is warranted, we need a name for it. I thought about "Whore Blogs" but that might beconstrued as defamatory to whores who, after all, typically provide a service that has at least some value.

Is there someone among us who has a better command over the English language than I do who can share anappropriate title to these scumbag blogs?

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Max Kennerly • 4 years agoMod > John Day

Turkewitz calls them dreck blogs. I could also say crass blogs or sham spam blogs. ________________________________

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Turk • 4 years ago> Max Kennerly

I only call them dreck blogs when I'm being nice.

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Good blog post.

--ET

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shg • 4 years ago

Sorry to come so late to the party, Max, but I didn't stumble on this post until today. My issue with SCOTUSBlog,and hence your first category, is that it's no longer a blog. It's fine to appreciate it for what it is, and indeed, weshould appreciate "things" on the internet that are useful and informative. But what was once a web log, a vehiclefor Tom Goldstein to write about SCOTUS, is now a business.

As for others, like Bill Marler's, that offer excellent substantive legal commentary limited to a particular niche,Bill's personality and perspective come through loud and clear, and it's one of the things I appreciate about hisblog. Blogs are personal, no matter what they cover. If they aren't, then they're not blogs.

As for content written by findlaw, the confusion between blog and marketing speaks to the lawyer involved, notthe nature of blogs. Anyone can call anything on the internet a blog, but that doesn't make it so.

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Max Kennerly • 4 years agoMod > shg

An entirely fair point. I used the term "blog" in the post to mean a much broader set of websites than youdeem "blogs," in that I allowed commercial, non-personal content to fit into my title of "practicing lawyerblog" so long as the material was coming from a practicing lawyer / firm rather than from an entitycreated to profit from publishing itself (e.g., Above The Law).

I prefer your limitation of "blogs" to those in which the personality of the author is clear, but then we lackclear terminology to refer to other sites. We could just call SCOTUSBlog a "media publication" or "newssite" or the like the same way we'd call Bloomberg itself, but I think that misses the important fact that, atleast nominally, the content is originating from a practicing lawyer's firm. I suppose it's SCOTUSBlog'sown fault for blurring the line there; I was going to write that, unlike a media site, SCOTUSBlog doesn'tseek to support itself off of advertising, but the Bloomberg agreement suggests otherwise.

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Whatever we do, I will continue my adamant stance against "blawg." It just doesn't look right, it's like thename of a cartoon dog.

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shg • 4 years ago> Max Kennerly

My old buddy David Giacalone hated the word "blog," insisting on using the original phrase "weblog" and castigating me for using the "horrible bastardization" of blawg. As much as I admiredDavid, I use blawg anyway, as it immediately distinguishes a law blog from a mommy blog.

On the other hand, I refuse to call what is done on twitter a "tweet," as it's come to be called. Icalled in a "twit" first, and stick by my guns. Tweeples disagree.

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