AN APPEAL TO REASON

In a recent article that appeared in the New York Times, author John Schwartz examined blogging. In particular, he noted a Florida lawyer blogged about his negative impressions of a Fort Lauderdale judge and was reprimanded and fined for his blog post. E-mails and blogs should be avoided as emotional outlets for many reasons. First, don't expect to have total privacy in your e-mails. How many of us have hit "Reply to All," when you only wanted to reply to one? If you drop one character in my e-mail, then it goes to a man in the Midwest. (Friendly enough, but I don't like confidential communications inadvertently sent to him.)

If you blog, you have to realize that everyone can read your blog, including judges, opposing counsel, present, past, and future clients. By the time most of my clients have met with me, they have already read my blog. I try to keep negative comments and emotions out of what I write. If I have something to say that carries an emotional impact, I would much prefer to deliver it in person or by telephone, so there are no misunderstandings or reading e-mails out of context.

Being a Baby Boomer, it is hard for me to fully appreciate the value of Facebook and Twitter, although I can understand why I have a profile on LinkedIn.com. Just to give you an example on what is on my Facebook page:

An announcement about the upcoming 12th Annual Mushing Clinic, which will teach the basics of dog sledding. While I can understand taking your husky to these classes, my American Eskimo, Casper, is a bit dainty and prefers to be viewed as a companion dog, not a working dog.

One attorney is obsessed with Mafia Wars and is looking for Royal Cigar, Sea Bird, and Dragon Fruit. He claims he needs help to violently break up a campaign rally in Moscow. I became an appellate attorney so I could avoid violence in the courtroom.

My friends are constantly asking me to take tests and quizzes. I think they question how smart I am and simply want proof. I prefer keeping it a secret.

Some are playing FarmVille. Why would I do that? I like living near the beach. If I wanted to play on a farm, I would move inland.

One attorney went to a deposition, another had a mediation. Yawn!

Another friend reports a total body count of 469 in Mafia Wars and is "offering you a special bonus to make you as fierce as they are." Sorry, I restrict my fierceness to writing an Appellant's Reply Brief.

Another attorney points out it is Fire Prevention Week. Okay, so I'll hold off for the week.

I feel like my Facebook has been hijacked and I wonder if someone will decide not to hire me for an appeal because I refused to play Mafia Wars. But I admit, I am part of the Baby Boomer generation, and to be competitive, I have to learn how to appreciate this new form of marketing.

There are other problems with blogging. Don't blog about judges, your cases, or your clients. And make sure your clients are blogging as well. And don't tell the judge you have to go to a family funeral and then blog about your wild weekend in Cabo!