The perils of blogging about your current cases
Following yesterday's on-line ethics theme, here's another one from the Canada-based "Trial Warrior Blog"
Some sage but cautious advice on blogging current cases is provided by criminal defence lawyer Mark Bennett:
- "Do not write about ongoing cases. If I want to draw attention to one of my cases, say it’s going to trial, then I let people know it’s going to trial and I post a link to a news story about the case, without commenting on the facts myself. This can be tough because I’d love to blog about what happened last week, I’ve been asked to do so, but I’m going to put some time between the event and my account of it.
- Do not generate, encourage, or participate in topics of controversy. Thus you won’t find discussions about the death penalty, immigration, drug policy, or the Dallas Cowboys here.
- Treat everyone with respect. If I have a funny case where someone did something silly, or said something amusing, I will never tell you about it to humiliate that person and so won’t identify them. We see so many funny things in court it’s tempting to give every last detail but I try to be more respectful than that. The one time I will name someone is if they have done a really good job and warrant some attention."
Ok, all very sensible - but, the Warrior adds,
"Having said as much, there often are times when I want to write about one of my former or ongoing cases, given that discussing them may promote public understanding or improve equal access to justice. Lawyers, after all, have a duty to the client first, but also a duty to the profession and the public, as well."
I do love high ideals in the legal profession!
He concludes:
"In the end, ask yourself this question: why am I writing this blawg post about my client's case? If the answer is ego-fulfillment, self-promotion or catharsis; stop typing and delete the post. Even if your reasons are altruistic, get your client's express consent first and then save your draft and post after the final judgment is rendered and all appeals are exhausted."
The blog is worth checking out here - and while you're killing time on blog-sites, let us know if you've come across examples of blogging current cases and what you think about it.
And just to show it's not only lawyers at risk here, indiscreet doctors are also drawing on-line attention. See the article here.
