Sunday, June 03, 2007 9:55 PM
Welcome to Blawg Review #111.
I appreciate the opportunity to host Blawg Review and, as the editor suggested, I have tried to frame my turn at the Review with my own interests and viewpoints. I don't typically write about any specific legal topic. Instead, I write about news and information I run across within the law blogosphere (aka the blawgosphere) while occasionally offering my own two cents on the blawgosphere itself. As someone who has spent significant time and energy over the last 4+ years keeping track of blawgs and posting them to a directory at Blawg.com (originally Blawg.org), I feel like I have a pretty decent view of the past, present and future of blawgs. Thus, I thought I would incorporate some thoughts and links related to the continued evolution of the blawgosphere (at least as I see it) in Blawg Review #111.
And, with a nod to this storyline, I decided an appropriate subtitle to Blawg Review #111 was From There, To Here, To Where?
From There
For those interested in a law student blawg, here is a random selection to check out--Link Thus went my first post to Blawg's Blog on January 2, 2003. The post was entitled Random Selection - Words from a 2L, because during the previous few weeks I had been compiling a list of all of the legal-oriented weblogs (or "law blogs" or "blawgs," depending on your inclination) I could find across the web. As I discovered new blawgs, I simply posted "heads up" type notes calling attention to them. Whether anyone was actually reading these posts, I cannot really say. Suffice to say, in early 2003, the subscriber list was likely skimpy.
People regularly ask me "who was the first legal blogger?" I am not sure, but that when I first started regularly reading weblogs in 2002, there weren't many in the law community on board:
In collecting the first set of Blawg links for this site, I have noticed a few items of interest. First, that there really are not that many Blawgers out there yet. While the rolls of general subject Bloggers is very long, weblogs focused on law and legal issues are clearly just getting off of the ground. I also noticed that academics and students are taking a leadership position in the Blawging. Blawgs by Number, January 7, 2003.
Indeed, when I finished compiling my first directory of blawgs in January 2003, I found only 57. As I noted in the aptly named post 57:
Well, last night I more or less finished my first round of searching for Blawgs. I came up with 57. I haven't run across any other directories or indexes with significantly more than this (and some indexes had weblogs that didn't really seem to be focused with law-related issues). I am sure there are more than 57, but probably not much more. I will add in those that I run across and encourage others with an interest in Blawgs to suggest ones I have missed, as well.
Unfortunately, I don't have an exact record of the identities of the blawgs making up the original 57. However, based on what data I do have recorded, I can tell you that some of the names of the earliest blawgers I found: Denise Howell, Ernest Svenson, Rick Klau, Howard Bashman, Carolyn Elefant, Kevin Heller, Eugene Volokh, Rory Perry, Sabrina I. Pacifici , Robert Ambrogi, Glenn Reynolds, Tom Mighell, Dennis Kennedy, Evan Schaeffer and Martin Schwimmer (note: I am sorry for those I didn't mention; it was certainly not intentional). Interestingly enough, Mr. Schwimmer recently looked back at his own posting history at The Trademark Blog, noting that it was 1825 days and counting (see The Trademark Blog Is Five Years Old). Indeed, all of the above people are still actively posting, albeit some, whose careers have taken them in different directions, are not writing very much about the law anymore.
Looking back at posts from early 2000s, I was struck by a couple of items. First, most blawgers seemed to be using standard issue Blogger, then still a very tiny company running on a shoestring, not the small piece of a much larger Google it is today [Google buys Blogger]. Second, as the early adopters were getting their collective feet wet, the majority (with some exceptions) of the posts were general commentary. Mostly legal related, but general nonetheless. Less prevalent were blawgs with a specific focus on an niche or unique area of law, something we now see much more commonly across the blawgosphere ( e.g., Liquified Natural Gas Law Blog, The 10b-5 Daily).
In any case, after collecting the first set of blawgs into the then Blawg.org directory, I started wondering about just what purposes blawgs could serve, then and in the future:
In reading through the host of articles concerning the growth of weblogs over the last few years, I am struck by the continuing theme of individuals searching for ways to integrate the weblog concept into a business model and purpose. In the legal vertical at this point, there appear to be at least four distinct categories of potential uses for the all of the content generated by the blawg community.
- Research
- Gaining New Clients
- Supporting Existing Clients
- Marketing Lawyer Expertise
Clipped from the February 2003 post Four Purposes for Blawgs?
Many of the ideas laid out in these bullet points (and the posts behind them) were not uniquely my own, and the subsequent years have seen people use blawgs for all of these purposes and more. Both on their own, and with the assistance of the people and companies which have emerged to provide services and software to them. As examples, LexBlog, ClarisLaw and Justia from a start-up mode, and Reed-Elsevier's Lexis (Lawyers.com) and Thomson's West (FindLaw), among the larger corporate citizens. People with vision like LexBlog's Kevin O'Keefe, ClarisLaw's Nick Carroll and Justia's Tim Stanley were not only anticipating this growth and value of blawgs and the blawgosphere, but acting on it.
Indeed, it was the companies and people like these, who helped enable, foster and channel the content and buzz that the individual members of the blawgosphere were creating everyday in relevant and timely posts on myriad legal topics.
To Here
So what is the state of the blawgosphere in June 2007?
Today, the blawgosphere includes close to 2000 blawgs (Justia has indexed over 1800, while Blawg has over 1600, and with new blawgs coming online everyday no doubt some are not yet discovered). Companies, old, new and as-yet-formed, are crafting business plans and formulating ideas, all seeking to participate in some way, shape or form.
And, the members of the blawgosphere themselves continue to expand and deepen their writing and coverage of topics, large and small. To this point, just take a look at some of the best recent posts out there.
Are you interested in:
United States Supreme Court coverage?
Chris McKinney at The HR Lawyer's Blog looks at recent U.S. Supreme Court activity Supreme Court Decides Ledbetter v. Goodyear: Past Discrimination Should Stay in the Past. Of note, Mr. McKinney adds value to the post by providing links to related information and resources for anyone seeking more details.
Jim Beck and Mark Herrmann, writing at Drug and Device Law, provide an in depth analysis of federal pleadings in the post Long Overdue Retirement for Anything Goes Pleading (Twombly):
It happened an antitrust case, but when the Supreme Court speaks even we tort lawyers listen – although it might take us a little while longer to get around to reading the opinion. Last week, in Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (U.S. 2007), a solid 7-2 majority (per Souter, J.) of the Court said some things about federal pleading that it (and we) recognized were long overdue.
Lyle Denniston at SCOTUSBlog on the recent decision in Winkelman v. Parma City School District, A boon to parents' rights
Practice Management?
Sheryl Sisk Schelin at The Inspired Solo wrote about Productivity Problems? Get Honest With Yourself
Jim Calloway's Law Practice Tips asked What's on the back of your business card?
My Client is a Jerk: Three Keys to Transforming Relationships Gone Bad from Charles H. Green's Trust Matters:
Have you ever had a really difficult client?
• Who won’t take the time up front to share critical information
• Who just cannot make a decision,
• Who is frozen by politics or fear or ignorance,
• Who argues, rejects, and is disrespectful.
There is a common thread to all of these cases, which—if we understand it—can help us succeed.
The common thread has nothing to do with the clients.
The common thread is us.
Patrick Lamb at In Search of Perfect Client Service noted that Execution Is Everything.
Cases in the headlines or generating a lot of buzz?
Bob Coffield at Health Care Law Blog , Eric Turkewitz at the New York Personal Injury Law Blog and The Injury Blog all offered posts regarding a trial in Massachusetts that involved a Blogger unmasked, court case upended. Mr. Coffield wrote The Flea Flicker: Risks of (anonymous) Medical Blogging while Mr. Turkewitz covered the case in Doctor "Flea" Settles Malpractice Suit After Blog Exposed In Court. Meanwhile, The Injury Blog write up is here: "Flea" Proves to be His Own Biggest Pest in Boston Personal Injury Lawsuit.
David Rossmiller at the Insurance Coverage Law Blog wrote about post-Katrina insurance industry cases receiving news coverage in New Orleans: Unsealed lawsuit alleges insurer conspiracy to rip off flood program and More on alleged insurer rip-offs of federal flood money
Roger Alford at Opinio Juris was Blogging the Landis Arbitration:
There are over 75 members of the press who are here at Pepperdine Law School covering the Floyd Landis doping arbitration. They include the BBC, CNN, ABC, NBC, CBS, NPR, AP, RAI, Reuters, ESPN, LA Times, NY Times, Sports Illustrated, the Guardian, USA Today, Velonews, Road Magazine, and Cycling News. But there is one group of reporters sitting in the overflow press room that deserves special mention: Trust But Verify. It is an amazing blog devoted exclusively to covering the Landis doping case from start to finish...
...If there is any doubt as to whether bloggers deserve press credentials for something like the Floyd Landis hearing, those doubts have been dispelled in my mind.
In his post Flying TB Infected Lawyer's Liabilities, Stephen Bainbridge considered the potential legal liability the now-infamous globe-trotting drug-resistant tuberculosis-infected attorney might face for exposing his fellow passengers to his disease.
Jury Trials?
Anne Reed at Deliberations continues her streak of great posts with A Tale Of Juror Expertise.
Technology?
Denise Howell at Bag and Baggage wrote about The Beauty of Apple TV
Michael Fitzgibbon, writing at Thoughts from a Management Lawyer, offered his coverage of Mesh07 (Canada's conference about the Web):
A Mesh07 Interlude and Mesh07 Day 2 - It's a Wrap!
Changing Times?
Sun Microsystems' General Counsel Mike Dillon wrote about the future of the legal service delivery in his post The Way of the Mastodon at The Legal Thing:
I was having lunch the other day with the GC of a company that facilitates internet sales. I laughed when he told me a story about having to identify an attorney who could advise him on whether there were laws that applied to the sale of Mastodon remains. (Amazing what people have in their garages, these days.)
It was a reminder of the need for technical legal experts that you can turn to for specific help. While I believe that companies will always have this need, the way that we identify and connect with that expertise is quickly changing. And, this will lead to a change in the traditional model for the delivery of legal services – the law firm.
Christine Hurt at The Conglomerate wondered Did Internet Kill the Martindale-Hubbell?
Just Odd or Interesting Stuff?
Stan Schroeder at Mashable offered up a list of ten cool sites killed by lawyers (or, more properly, by litigious clients) in his post Death by Lawyer: 10 Cool Sites We'll Miss.
Volokh Conspiracy contributors Orin Kerr and David Post, prompted by a California criminal case decision, consider jurisdiction in cyberspace, respectively. Mr. Kerr: Hageseth v. Superior Court and Mr. Post: Jurisdiction in Cyberspace; A Different View
William Patry informed us that even God can't catch a break in an Arizona copyright case, Jehovah J. God Loses Copyright Case.
Lyle Denniston, Claiborne has died, counsel tells Court, and Douglas Berman, Mario Claiborne killed in strange robbery... now what?!?!?, note a strange development in the pending Supreme Court case Claiborne v. U.S. -- namely, the appellant's untimely death.
Peter Lattman at The Wall Street Journal Law Blog reported, in the post Intellectual Property, Dude, that trademark law is joining the drug war; well, it's actually just Hershey suing a maker of marijuana-laced munchies bearing suspiciously familiar logos.
After perusing the links above, think about this little factoid. The above are just a relatively few highlights from the blawgosphere over the last week or so. Beyond this sample, there are literally hundreds of thousands of legal-oriented posts out there. And, we can expect millions more in the coming years.
The AmLaw 200 has joined the blawgosphere (see this post from Prism Legal Consulting, Large US Law Firm Branded Blogs and RSS Feeds, suggesting Firm Branded Blogs of Amlaw 200 Firms now includes nine firms and 30 weblogs).
Small firms, solo practitioners, law professors, law students, in-house counsel and paralegals continue to find value in penning a weblog. Subject areas covered are as diverse as the lawyers and law firms themselves.
Law librarians, legal researchers, marketing, public relations and practice management professionals have joined the blawgosphere in increasing numbers, sharing their expertise with the worldwide community. Speaking of the world, blawgs are clearly growing globally. And, not only are blawgs expanding in number, they are expanding in format. Podcasts and videocasts are gaining traction and serving to enhance the content offerings for subscribers around the world.
Finally, media concerns have begun to take notice and are joining the conversation with their own weblogging efforts: Court TV's Best Defense , Fortune's Legal Pad, Law.com's Legal Blog Watch, The Wall Street Journal's Law Blog, FindLaw's Common Law, and Legal Times' Blog of the Legal Times, among others.
What does this all mean for the here and now? The short answer is blawgs are here to stay.
To Where
Looking to the future, the longer answer is I don't think anyone knows for sure. I tend to believe that at some level, the more things change, the more they stay the same. To wit, Robert Price, the former CEO of Control Data Corporation, wrote recently in his post Web-Based Software Services at The Eye for Innovation:
The 5/15/07 Wall Street Journal headline reads: Web-Based Software Services Take Hold - Oh my God! I say to myself - it’s back to the future! I recall all those sessions, all those meetings with doubting thomases about “services.” That was more than 35 years ago now! And yet …. and yet. I doubt that people even today understand the underlying technological dynamics and the inexorable evolution of business strategy that must adjust to and take advantage of those dynamics.
Mr. Price's last sentence also follows on my own larger belief as to where blawgs, podcasts, videocasts and related technologies will eventually take the legal community: slowly, but surely, into unforeseen and uncharted territory. And, that territory that will no doubt be disruptive.
Michael Urlocker writes about disruptive technologies via his weblog On Disruption. Often, he writes about how established industries can and should react to the disruptive technologies. Case in point being his recent post News, TV Execs: License Everything and Now, Says Kessler:
Author Andy Kessler has some advice for newspaper publishers, in today's Wall Street Journal. The end may be coming, but newspapers still have time to create a valuable new role for themselves:
"Last I checked, the Star Trek Holodeck is still fiction... I really believe that the copy protection mechanism for newspapers is their consumer interface, in the form of ink spurted on newsprint.
"In the meantime, rather than just charge for content, I'd be licensing every type of newfangled software and Web service until I could come up with a tight community of interest around my newspaper, local or national. Don't just start the discussion, keep it."
Beyond Mr. Kessler's ideas about licensing, his comment about "discussion," really hit home and helped me formulate my concluding thoughts for this post and the potentially disruptive nature of blawgs and the blawgosphere.
I think the blawgosphere may ultimately be just one integral piece of an infinite legal discussion of which today's established companies may or may not be a part. A discussion which increasingly will be decentralized, yet interconnected, via the power of easy-to-use web-based systems and services. Because we are seeing this happen already in some industries (I am reminded of examples noted in the great book The Starfish and the Spider) my feeling at this point is that the members of the blawgosphere itself may well provide the answers as to what lies ahead. They may not do so intentionally, but simply via the evolution of their own blawgs, the connections they make and the relationships they develop. And, as these connections and relationships develop, it will be increasingly difficult to pin down just what the blawgosphere is and is not, let alone control or dominate it. That, in my book, is disruptive.
So, there you have it. Blawg Review #111. From There, To Here, To Where.
For those who are new to the blawgosphere, I suggest you just dive in via any of the links above or your own favorite launching pad. You might be pleasantly surprised to see where it leads you. For those old hands, just keep doing what your doing. There is lots of good stuff ahead.
Note: Blawg Review has information about next week's host, and instructions how to get your blawg posts reviewed in upcoming issues. Check it out, it is well worth your time.