April 2008

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(The continuing adventures of Mike Semple Piggot)

From before sparrow’s fart till late into the night Mike SP beavers away producing and publishing news, comment and analysis for our enjoyment and edification. He’s recently rearranged his furniture, and to help you keep up with his whereabouts, here’s a quick run-down.

Consilio

Nearly ten years ago, Norman Baird and I started a small newswire for our online students and to provide a useful resource for law students. We gave it the name ‘Consilio’. … Consilio.tv is a new venture, a new online magazine, resourced by LegalTraining.tv, totally separate from the old spr-consilio.com which is no longer available online and will have a new style, approach and personality.

I … have stepped down as an editor, on a day to day basis, but I am continuing to provide regular content by writing articles, comment on development and will be a more active participant on the discussion board where I am able to assist, comment or even, advise on matters relating to legal education.

Charon QC

Mike’s alter ego needs no introduction. But, as he is the first to admit, there’s not much law there. And so to …

The insitelaw newswire

This essentially replaces the Legal Practitioner Newswire formerly published on spr-consilio.

The insitelaw newswire is intended to provide practitioners and students with a daily online news service with comment and analysis. There is a daily news podcast and I read the papers early each day to find law stories of relevance. “Charon QC” has a different take on the law, when he writes about it. Each day, there will be a short editorial note on the leading stories or developments of interest – and this will be posted onto the insitelaw blog to enable you to participate by commenting, should you wish to do so.

This is already (2 days on) a lively site with great visuals (and podcasts of course), focussing on all the best law stories and comment from the dailies and the blawgosphere.

REDUX Law

Still at the idea stage, REDUX Law will be a law resource principally for those studying or keeping up in contract.

Cheers Mike/Charon.

News.com.au reports that, according to research conducted by Australian firm Deacons, almost half of those of the 700 “workers” it surveyed who use MySpace and Facebook during work hours say they would refuse a job where they were not allowed access to social networking sites.

The study found 62 per cent of respondents (that’s 434 by my calcs) had access to the internet from work (is that all?) and 14 per cent of those (that’s 61) said they used the internet to access social networking sites at work (so it’s not the norm by a long chalk). So 30 (my calcs again) said they would refuse a job if access to social networking sites was denied. That’s fighting talk from them, but I suspect a lot would depend on what else the employer had to offer. I can’t see anyone turning down an offer from a Magic Circle firm almost whatever the terms.

Nick Abrahams of Deacons advises organisations to consider creating an official policy surrounding the use of social networking sites at work, setting guidelines about the amount of time spent on the sites and cautioning people to behave appropriately and not to disclose confidential company information. Sounds just like the blogging policies being recommended a couple of years ago.

It’s a difficult one isn’t it? Social networking is clearly hugely distracting and resource-hungry but you don’t want to appear fuddy duddy and untrusting by banning it. Is there a middle way?

Just came across Tell Them What You Think, an extremely handy site which aggregates government consultations and enables you to:

  • search all current government consultations for words and phrases
  • browse all latest consultations by department
  • set up alerts via email or RSS to tell you when consultations of interest are published

There are several departments not supported because of the way their consultations are published; these departments need to change their ways.

Blogs vs wikis

A chain of people in my orbit seem to agree that a simple test as to when to use a blog and when to use a wiki for collaboration is: one or two people providing content, use a blog; many people providing content, use a wiki (Mark Miller > Doug Cornelius > KnowledgeThoughts > James Mullan).

I can’t agree with that at all. Blogs and wikis are quite different tools and the number of people providing content is not the test. Sure most blogs are authored by individuals and a wiki for just one or two contributors would be an odd choice. But what about group blogs? They’re very effective collaboration tools for particular purposes – to progress conversations and develop ideas. In our blawgosphere, just look at Slaw and law.librarians for example.

But for all their merits, blogs don’t produce a collaborative result; wikis are designed for that.

In my brief research on this topic I came across a page by the folks at MovableType usefully Comparing Blogs to other Communication Tools, which distinguishes blogs and wikis thus:

The biggest distinction between blogs and wikis is that wikis are designed to create a single collaborative result, the sum total of the efforts of everyone who can view that web page. … But sometimes you want to share some information and be the owner of that information. Blogs are perfect for these situations: They only allow people to respond or react to the information you’ve shared, but they can’t modify it themselves.

First published in Legal Executive Journal, April 2008

Law blogs (aka “blawgs”) are still unfamiliar territory for many lawyers. Though not a new phenomenon, blogging itself and even reading blogs is definitely not yet normal for lawyers. Space does not permit coverage of basics such as what a blog is and the mechanics of blogging; for this see the articles on my blog Binary Law. Following is a quick summary of why you should blog, with some examples of great blawgs and tips on effective blogging.

Why blog?

The blogging “platform” is a simple, cheap, efficient, effective way to publish and update time-sensitive information, particularly in constantly-changing fields such as the law. Blogging puts in your hands publishing “power” even greater than that which was the preserve of only large, established publishers with fat wallets not so long ago. Content management, feed generation, discussion forums, subscriber management, search engine optimisation: all is built in for free. That’s reason enough for almost everyone and every organisation to consider blogging.

Blogging is good for business. If you have something contribute in your field of interest, simply by showing who you are on your blog, you will engage with your peers and your market; and by showing what you know, you will promote yourself without the need for glossy brochures, calculated networking or other self-promotion that may not sit easily with you.

Blogs are not just a publishing format, but a networking tool, a means to reach out and engage with an audience; and blogging is not just about publishing, but about conversing and contributing.

Blawgs of note

It is inevitable that many new to blawgs will ask “Which are the best?” to get some benchmark against which to assess the medium. But there are no “best” blawgs, just as there are no best law articles or best law books; it all depends on your field of interest and what you, the “user”, want from them. There is already a great diversity of blawgs, ranging from the incompetent and inane, through various shades of competent but pedestrian, to the engaging and the professional. There are blawgs for every taste.

I have been a member of the “blawgosphere” (the world of law blogs) since its early days; I have read – at least in passing – almost all existing law blogs and have commented on many on my own blog Binary Law. A standard feature of all blogs is the “blogroll” – a list of links to other blogs one follows. Most blogrolls expand over time; mine does not. Although I keep track of them all, there are only so many blawgs that I rate highly and even fewer that I read often. Here are some of my “blawgs of note”: established blogs that have made their mark – for the reasons given – and stood the test of time. Each also illustrates a particular genre of blog.

The free spirit: Charon QC

Though not the first law blogger, Charon QC is in many ways the father of law blogging. By his own admission, he does not cover much law. But he posts frequently and engagingly on a wide range of topics from legal education (his business), through all things legal and political, to sport and his other extra-mural interests and vices. His sheer energy shows through in his incredible output: he not only blogs a few items a day, but also produces numerous podcast interviews with the great and the not-so-great in the legal arena and produces the Consilio online magazine (www.consilio.tv). He is generous in his linking to and praise of other blawgers. An all-round star performer.

The thoughtful independent: Nearly Legal

Nearly Legal is a mature entrant to the legal profession who started blogging while trying to secure a traineeship. Eighteen months on and with the traineeship in the bag, he blogs mainly on his professional concerns – the joy of housing law, legal aid, justice and human rights – but also insightfully on law blogging, webbery in general and “whatever”. He is innovative in his use of his blog space, with features such as LawSearch and a Housing Law Feeds page. He has a considered opinion on most matters legal and comments frequently on others’ blogs.

The small practitioner: Family Lore

John Bolch of Kent firm Winch & Winch works almost exclusively in family law, covering primarily divorce, ancillary relief, private law children matters and cohabitee disputes. He blogs frequently, knowledgeably and informatively on all these topics and more besides. All is well classified and attractively designed and the blog is livened up by images attached to most posts and by the humour John injects into many. This is a great example of a niche blawg displaying expertise and providing a very useful resource for prospective clients and for others involved in the field.

The law firm group: IMPACT

IMPACT is a good example of a law firm group blog with several contributors covering a particular area of practice. It is from the intellectual property and technology team at Freeth Cartwright and covers all things to do with IP and IT law, with practical tips and thoughts on the news and stories discussed. Again this niche blawg displays expertise and provides a useful resource for prospective clients and for other external readers; as a group blog, it is also, of course, a medium for communication within the team and a useful resource for others in the firm.

More notable blawgs

For reviews of other notable blawgs you can do no better than refer to the following UK Blawg Reviews (Blawg Review is a “carnival of law bloggers”):

Effective blogging

Achieving the full potential for a blog is about how you blog; it’s what you put into it that counts. Here are some brief top tips for effective blogging.

  • Write for yourself. Don’t write for or expect an audience, just show who you are and what you know.
  • Keep it fresh. Post a few times a week; anything less and you’re unlikely to make the cut.
  • Don’t let blogging become a chore. Blog about what interests you; your blog will be the better for a narrower focus.
  • Keep on topic. Don’t use your business blog to post about your family, pets or other personal interests!
  • “Blog smart”. This is a term coined by Microsoft meaning think of the consequences of what you are posting and rein yourself in where necessary.
  • Link, link, link. Links to other blogs and other sites are helpful to your readers and beneficial to you in developing your network.
  • Credit your sources. Whether quoting directly from or rephrasing and commenting on something you picked up elsewhere, credit the source; don’t claim ownership.
  • Converse. Don’t just talk to your audience; ask questions, venture opinions, stir things up!
  • Respond (or not). By blogging you are inviting comments. Respond to the constructive; take criticism on the chin; ignore the hostile.

As to generating traffic for your blog, you can take steps to publicise it such as:

  • Adding other bloggers with like or overlapping interests to your blogroll.
  • Submitting it to specialist directories such as infolaw and Blawg.org, a US site with a World Blawgs section.
  • “Claiming” your blog at the specialist blog search engine Technorati.

However, the best way to promote your blog is to write frequent and useful posts, so readers keep coming back, to link in your posts to other blog posts that interest you and to add comments to others’ posts. This will gradually get you recognised in the blogosphere, earning you inbound links and improving your position in the search engines.

When Google launched it’s Custom Search Engine service 18 months ago, I expected thousands of CSEs to pop up all over. That’s happened, but I’m not aware that any in the areas I monitor have made a mark. Why so?

In the UK legal arena I know of only a few CSEs:

  • I put together a number focussed on UK blawgs, cases, legislation and government sites.
  • Nearly Legal’s LawSearch includes selected statute and case law, government guidance, reports, commentary, other resources and help and law blogs
  • More recently Struan Robertson at OUT-Law launched LawTrawlUK which currently includes 95 major law firm sites and some significant public sector sites

I’ve also tried out a number of others in related fields and, without exception, they all disappoint. This is not to detract from the genuine effort that has gone into them. They fail to excite because either one doesn’t know sufficiently precisely the scope of ones search, or if one does, one would prefer a different selection of sites, or the results feel unbalanced; and all the time one knows one will be missing some key results and those unexpected nuggets that a well-crafted global Google search would serve up. Narrowing the domain searched often takes away more than it gives.

For those reasons, when setting up my experimental CSEs, I figured that CSEs with tightly defined scopes might be a fruitful path to follow; within some I spent time pointing to specific folders and folder patterns rather than just the sites; and for some I added tags so that results could be refined. I did not get into weighting the results; that was time I wasn’t willing to spend initially.

Most CSEs I’ve come across are fairly basic, including just a selected list of sites to be included in the results. But to produce a CSE that does the business does require considerable thought and time implementing the advanced features: carefully and methodically selecting specific folders and/or file types using lists or wild cards, labelling the entries and weighting them.