by Liz Daube
Staff Writer
When Denise Howell started writing her first Web log in 2001, there were about 10 law blogs in existence. Since then, she’s created a new word – blawg – and watched its numbers leap into the thousands.
“Participation by the legal community has increased not just dramatically but exponentially,” said Howell.
The California technology lawyer’s “Bag and Baggage” blawg is one of the most popular links from blawg.org, a Web site for law blog links and information. Blawg.org lists 1,304 blawgs on 211 topics. The numbers keep going up, too: Seven sites and three new topics were added in the last week.
The blawging phenomenon is eliciting mixed reviews and questions from attorneys. Blawging enthusiasts like Howell predict the growing popularity of blawgs will produce positive changes in the law profession, its clients and American culture.
Howell said that blawgs allow lawyers a remarkably efficient way to examine and share knowledge with each other – and anyone else curious about the law.
“Our legal system is supposed to be a participatory one, but until now that hasn’t really been the case,” said Howell. “It (blawging) helps society by improving access to and participation in legal thought and lawmaking...and by de-mystifying our sometimes incomprehensible legal system.”
Yet blawging champions admit the medium has its pitfalls. Howell said the broad definition of a blawg allows for negative effects, as well.
“They (blawgs) can, and do, do anything and everything, depending on the particular blogger and his or her personality, agenda, knowledge, and/or foibles,” she said.
Blawg.org offers a similarly vague description: “a Web log with emphasis on the law or legal related issues and concerns, often maintained by an individual who studies, practices or otherwise works in the legal field.”
For Brian J. Foley, a Florida Coastal School of Law assistant professor and blawg writer, the speed of blawging is its defining characteristic. He said blawgs allow him to quickly type out his thoughts, then post them with little-to-no effort or money.
“You can react quickly to an issue,” said Foley. “There are so many fast moving news stories right now. I think everyone would be helped by getting a quick legal perspective.”
Foley also writes op-ed pieces and law review articles. He said they require far more time to create and edit, and they lack guaranteed publication.
“When you have to say something really original in 700 words, it’s almost like writing a sonnet,” Foley said of op-eds. He added that law blogs don’t have to fill a specific amount of space, so they can be lengthy or short. Foley added that many law reviews are 40 pages long with 200 footnotes – not exactly a simple task.
The blawging phenomenon has made the deepest impact on the academic world so far, according to Sander Moody, another assistant professor at Florida Coastal. He said law professors have created “an underground for intelligent thought” that is accessed by professors and attorneys more than the general public.
Foley, for example, said he sometimes seeks additional context for his lectures in blawgs. Moody contends that blawgs don’t necessarily need to be read by the general public to affect discussion of the law.
“It doesn’t have to have a huge readership to be influential because it’s so niche-oriented,” said Moody, explaining that attorneys and professors often read blawgs that focus on their specific area of law. “If you could influence those peoples’ thoughts, you’d reach a much larger audience. They’re the thought leaders (for those subjects).”
But while thought leaders might make the most significant contributions to blawging, the ease of instant publication means that anyone can write a blawg. Some of the legal community has shown concern because blawgs are not regulated or edited, leaving them susceptible to factual errors.
“If you feel confident with the information that’s on there, they can be helpful,” said Richard Vermut, a blawg reader and Jacksonville attorney at Rogers Towers. “They’re being written by lawyers, and lawyers are naturally more cautious.”
Foley said he doesn’t anticipate many general readers for his blawgs, but he does worry about accuracy when it comes to his peers.
“I’m extra careful because it’s such a critical audience,” he said.
Moody added that attorneys are quick to correct each other.
“Some academic rigor exists that holds the author’s feet to the fire,” Moody said. Most blawgs have message boards or other comment options that allow readers to make corrections or additional points.
But under the broad definition of a blawg, writing styles can range from professional discourse to comedic commentary. Authors of blawgs may be nationally-renowned law scholars or law students having a bit of fun.
Moody said the latter usually isn’t deceptive so much as damaging to a student’s reputation. Most law students write blogs to recount nights spent drinking and carousing with friends, which future employers may find later on, Moody said.
There are some notable exceptions, however.
For example, Jeremy Blachman’s “anonymous lawyer” blawg is a satirical account of a fictional firm partner. Blachman was a student at Harvard Law School when he started writing the blawg for fun. He said he didn’t plan to maintain “anonymous lawyer,” but then people started reading it – and quite often believing it, despite a fictional disclaimer on the Web page.
“I’m continually surprised by the e-mails I get that say that the blog reflects their real lives,” said Blachman. “I assume I’m writing satire that’s way, way over the top, but people write and say I’m describing their lives, or people they work with. I’ve gotten a handful of resumes from law students, which is amusing.”
Blachman’s blawg gained enough notoriety to warrant a New York Times article, then attention from literary agents after the article’s 2004 publication. Now, Blachman has graduated law school and passed the New York Bar exam. He said he’s actually writing full time, not practicing, and he has a book based on the blawg debuting in July.
Blachman’s blawg doesn’t necessarily serve Howell’s hope for a more publicly accessible legal system – but Moody said it probably isn’t hurting anyone, either.
Blachman said he never gives advice he’s not qualified to give. Many blawg authors post disclaimers on their pages to remind people seeking legal advice that they aren’t a substitute for hiring an attorney. Moody said he’s seen fake blawgs with “an air of authenticity,” but the public should be able to fend for themselves.
“I don’t see that as a real harm,” he said. “Anybody dumb enough to rely on something like that is at their own risk.”
Blog authors for any topic are also accountable for libelous statements, according to Jacksonville attorney Robert Dees, who is on the Florida Bar’s Media and Communications Law Committee.
“Libel laws apply to anybody,” he said. “All it takes is someone getting defamed to get mad enough to do something about it.”
Some attorneys have expressed concern that lawyers use blawgs to promote their firms, so advertising regulations should apply to them. Elizabeth Talbert, ethics counsel at the Florida Bar, said the Bar hasn’t specifically addressed the issue for blawgs yet.
“We’ve been regulating Web sites for years,” she said. “A blawg is nothing but a Web site that’s updated on a regular basis.”
Talbert added that any Web site can be difficult to regulate because content can be removed, altered or difficult to examine.
“You can’t just fit 500 pages on a billboard,” said Talbert. “It (Web regulation) is more time-consuming, and if it’s changed, we might have proof problems.”
Talbert explained that the current regulations analyze the content of Web pages: basically, whether information about an attorney’s services are featured or not.
Moody said he thinks the topic will produce more debate as blawgs continue to grow in number and popularity.
“Are they doing it to inform the public, or garner more clients?” he asked. “When does communication become advertising?”
The specifics of Web advertising regulation are available on the Florida Bar’s Web site.