December 28th, 2007

Blawg Review of the Year Nominations

The anonymous Editor of Blawg Review has opened nominations for Best Blawg Review of the Year. The nominating is open, according to his rules, only to those that have hosted one of the past 140 Blawg Reviews or those that have already signed up for a future one. (Edit: Nominations are now open until Jan. 14th, due to the holiday.)

The editor is looking for a peer-reviewed award (or as close as the legal blogosphere can approximate), as opposed to a popularity contest.

Since he points out, quite rightly, that such “best of” awards are so highly subjective, I’m going to participate and nominate by listing those reviews that inspired me when I wrote my marathon themed Blawg Review #134 this year. The editor’s recommendations of some of the presentations that might be considered for nomination, which include mine, are up at Virtually Blind.

In listing these reviews, I tip my hat to each as I borrowed ideas and concepts from each writer and stood on their shoulders to create my own:

#89, The Mummers Veil by the anonymous Editor himself, inspired me to indulge in fantasy visits with different bloggers. A rigid regard for the truth, I understood, was not necessary to presenting the best posts of the week. The point was to simply point to good law blog posts, making it available in a fun, creative way. Doing so in the context of a story often makes it more interesting (if you can pull it off without being “annoying, strained and distracting” as David Giacalone once wrote).

#101, from Diana Skaggs at The Divorce Law Journal, based on the Kentucky Derby. Since I had decided one month earlier to host a November review based on the NYC Marathon, a review based on the Kentucky Derby certainly caught my interest. She galloped through the legal blogosphere in winning fashion in a creative review that clearly was long in the making. I loved watching her mid-stride integration of law and racing.

#106 from Brett Trout at IT Blawg was based on a motorcycle race track. With another racing review, I took mental notes on how different parts of a race course, or different concepts, might be used to help introduce different legal topics in a very non-traditional manner.

#127, from Anne Reed’s Deliberations, was based on jury selection. As a trial lawyer that obviously appeals to me, and I watched as she took 17 different selection tips and matched them to posts. In her review however, she didn’t just link but went into the personalities of the posters to match them up with different concepts.

#137, by Colin Samuels at Infamy or Praise, was based on the third part of Dante’s Divine Comedy, Paradise. While #137 came after my own, the Inferno themed #35 and the Purgatory themed #86 came before. In these, Dante travels with his guides, the poet Virgil and later Beatrice. This inspired me to add a guide of my own — Marty, an alter ego or one-man Greek chorus — who ran the race with me and would drop in from time to time to comment. While I couldn’t pull off the wonderful literacy of Colin’s pieces, his posts were there to remind me that the bounds of a review are limited only by the creativity of the mind.

Two final notes on the Blawg Reviews:

First, while the editor has an interesting idea with the nominating process, the reality is that many folks are out of town for the long holiday weekend. I’m guessing the nominating will therefore be very light. Having a yearly award in April would have a much better response rate. Yeah, yeah, I know. (Edit: Nominations are now open until Jan. 14th, due to the holiday.)

Second, it seems that the vast majority of reviews are written by practicing attorneys. Professors are notably absent. (In fact, professors rarely even acknowledge their existence, an exception being Prof. Dan Solove and his band of merry Concurring Opinionators for #75.) I haven’t figured out why yet, since the primary purpose is to simply round up interesting blog postings, and their own postings are often included. Is there a reason professors are less likely to let their hair down and go outside their usual comfort zones?

Links to this post:

An Honor To Be Nominated
Blawg Review was honored to be nominated by the ABA Journal editors as one of the Blawg 100, where our humble Blawg Review blog was unfortunately categorized under the heading “Generally Speaking” along with many of the most popular law
posted by Editor @ January 04, 2008 2:29 PM

not another blawg award
with the success of the simply the best blawg meme and the recent announcement of dennis kennedy’s blawggies, following the aba journal’s blawg 100, it seems the last thing the blawgosphere needs is yet another list of who’s the best
posted by Editor @ December 28, 2007 2:55 AM

 

December 26th, 2007

Blawggies and Blawg Review

Two law blog items:

First, if you didn’t get enough Christmas yesterday, you can go back for more with the Christmas Eve themed Blawg Review #140 presented by Jonathan Frieden at E-Commerce Law. Frieden mixes commerce and Christmas with law blogs in his 12 Days of Christmas (plus stocking-stuffers).

Next up, Dennis Kennedy gives out his 2007 “Blawggies” for the best law oriented law blogs, and gives one to “niche blogs” as the most important trend. What is a niche blog? According to Kennedy, they “have titles like [State Name] [Practice Area] Law Blog.”

While it’s an interesting concept, it seems that the vast majority of law blogs actually fall into the category of “niche” once you get past the name, including his own on law technology and the one for best blawg about blawging (to Kevin O’Keefe, of course), among others he has chosen. As a percentage of the legal blogosphere there are really very few law blogs that focus outside of a niche.

While it’s true that some blogs have descriptive names, such as this one, this is often done to give new readers a quick overview of where they landed. But it isn’t the name that creates the niche but the content. If I used my name for a title instead of my practice area, would I no longer be a niche?

 

December 20th, 2007

Is the Legal Blogosphere Saturated? Fat Chance!

Orin Kerr at the Volokh Conspiracy thinks that legal blogosphere has hit its saturation point. He couldn’t be more wrong.

Kerr writes, without citation, that “For the most part this was a year of little growth or even a slight decline among law blogs.”

I thought that was crazy when I read it, but then I saw Dan Solove at Concurring Opinions agree with him. He also did so without citation to any empirical data, other than his group’s own traffic and that traffic has almost doubled in the past year! But, he goes on to say, that the big will just get bigger, and the little niche guys (like me or Scott Greenfield who also clearly disagrees), won’t really go anywhere. He writes, “There are so many blogs that a person can read, and many folks have found their favorites now and are content,” as if the number of blog readers is some static number instead of a dynamic one. His opinion on the future doesn’t even mention the practicing lawyers who are opening up their own internet outposts.

Now I know that real data is hard to come by, so I’m not too critical, but I think these professors need to look outside their ivory towers.

Here is why they are not just wrong, but very, very wrong, and here is what you will see in the future:

First the present, from my own niche: According to Justia there are 33 New York blogs. The ABA Journal‘s Blawg Directory lists 41 New York blogs. According to the ABA, however, there are 147,096 lawyers in New York. I, for one, see a bit of room for growth with that disparity.

But wait, there’s much more. The New York State Trial Lawyers Association has about 4,500 members that handle predominantly personal injury matters. There must easily be 10,000 lawyers in New York who handle them (or think they can handle them) as many are not members. Yet I can count on one hand the number of my brethren covering the subject on blogs.

Rather than being saturated, I think the legal blogosphere is in its infancy.

Now here is the future: There are precious few (if any) group blogs for practicing lawyers. The group blogs belong to the law school set. This will change. Someone, perhaps myself, will start gathering in more practicing lawyers for a group blog, perhaps modeled on the Huffington Post (TurkewitzTimes, anyone?) These lawyer/bloggers will be collected through the growing use of listserves, where small practitioners share tips. It is the perfect format for those who want to opine occasionally without the need to keep their blog up constantly. There will be several of these, and they will rival anything that currently exists.

Saturated? Stagnant? Profs. Kerr and Solove (and David Hoffman before that), you guys ain’t seen nothin’ yet.

Links to this post:

blawg review #140
the blawg review is a weekly review of the best law-related posts from a variety of blogs. having enjoyed hosting blawg review #103 (the baseblawg review) in april, i eagerly volunteered to host another installment.

posted by Jonathan Frieden @ December 24, 2007 9:16 AM

the state of the – *yawn*
it seems like every month or so, one of these posts makes the rounds [that’s five already; six if you count this. there’s room for two more in my phrase. who wants to step up?] of the blogosphere. can the blogosphere survive yet another
posted by Gideon @ December 20, 2007 9:46 PM

 

December 13th, 2007

Personal Injury Lawyer, Ryan Bradley, Using Blog for Blatant Solicitation

I’ve avoided doing a post like this for many months, but figured this is the time as one lawyer seems to have stepped over a line from using his blog for commentary or even advertising and gone to outright solicitation of a particular individual.

Kevin O’Keefe first reported on St. Louis attorney Ryan Bradley discussing a local accident and using the name of the injured person in the post heading, in a rather blatant hope that the injured person, family member or friend would Google the accident to see if anything was written about it, find the post, and call him.

Now he has done it a second time in a week, with this post here **

There are, it seems, four types of blogs, though I am using the word “blog” very loosely here since I don’t think it truly applies in either #3 or #4:

1. The pseudonymous blogger. Without a real name and contact information, the blogger writes for pure enjoyment and without any business desire.

2. Blogs that comment on the law and recent events the same way as the pseudonymous blogger, but with a name and contact information. Such a blog might have a beneficial marketing side in making the blogger more prominent in the community and be used as a form of legal networking, though I think most that stick with it do it for the pure enjoyment of writing. This is similar in concept to publishing an article in a legal trade, though it is of course much easier to do and isn’t peer reviewed. This represents most of the legal blogosphere to date.

3. Blogs that are advertising. These blogs discuss some general matter of the lawyer’s practice, or more likely a local accident, and then scream, “call me!” The personal injury sites have many of these, and the “call me!” works to destroy any actual content that might have been posted.

4. Outright solicitation: I don’t know what the Missouri ethics rules are on solicitation, but Ryan Bradley’s blog postings clearly fit into the solicitation category. He puts the name of the injured person in the heading and the body, and looked up the accident report and insurance information to post that online also. Thus, he goes beyond the mere advertising, and into outright solicitation of an individual. Even if he is ethically secure on First Amendment grounds, what he has done certainly appears scummy and is a close cousin to sending a solicitation in the mail to the house. Or picking up the phone and calling. Or sending a person to the house. Or the hospital. You know where I’m gong with this. Solicitation is but one step removed from actual ambulance chasing.

I don’t have the type of site that awards a “worst lawyer of the day,” that is more of an Above the Law type of thing, but if I did, Bradley would surely get it.

The irony in all this is that when folks now Google Ryan Bradley of Missouri in the event they do stumble over his “blog” they will also find out what other lawyers think of his solicitations.

Addendum 12/17/07: Attorney Solicitation 2.0 — Is It Ethical?

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** This link is via TinyUrl, which will redirect to the blog posting, but due to the masking created by redirection, will not add any Google pagerank to the blog. More on TinyUrl at Wikipedia.

Links to this post:

great moments in client-chasing
injury law firms in st. louis and seattle run promotional blogs for which they’ve been generating content as follows: a post summarizes (presumably from police or news reports) a recent local road fatality or injury naming the victim
posted by Walter Olson @ December 16, 2007 12:02 AM

 

December 3rd, 2007

Blawg Review Ascends to Paradise


Blawg Review #137 is up, and by up I mean it has ascended from Purgatory to Paradise. Colin Samuels @ Infamy and Praise has based Blawg Review — a review of the legal blogosphere hosted at a different site each week — on the third part of Dante’s Divine Comedy. This Review follows in the awardwinning footsteps he took with Dante in #35 (Inferno) and #86 (Purgatory). This is not one to be missed.

Samuels proves once again that literacy and the law may be happily married.