Ghostbusting in the Blogosphere: Is Ghostblogging Unethical & What's the Best Way to Deal With It?

Back in 2004, now my departed-from-the-blogosphere friend David Giacalone predicted that Ghostblogging Will Kill the Blogosphere.  In a thoughtful post that considered the issue from all sides, David criticized the ethics of ghost blogging and lamented that that mass produced, ghostblogs would be "devoid of the spark of life that has put magic into this way of communicating and created a community." 

Six years later, the blogosphere thrives (though still not the same without David's wisdom), and ghost blogging remains a perennial topic of conversation.  David revisited the ghost blogging issue in 2006 as did several other bloggers in 2007.  And this past month, Mark Bennett raised the issue anew at Social Media Tyro, followed by Scott Greenfield at Simple Justice.  Both Mark and Scott condemn ghost blogging and link to a Jenni Buchanan's Legal Ghostblogging site which listed the lawyers who'd used her services.  And now, Scott's and Mark's decision to call out the lawyers who use ghost bloggers itself has been questioned by DC criminal lawyer Jamison Koehler as well as in more comments at Social Media Tyro

So what to make of all of this?  Here are my thoughts.

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Blogging: It's a Matter of Trust

Call me old fashioned, but I believe that my word is my bond, something that you can trust.  My blog is comprised of many, many words, all of which form a trusted bond with my audience and other bloggers.   I worked hard to establish this trust and I take it seriously, as do most legitimate bloggers.  We know that if we are dishonest with readers, we betray their trust and degrade the institution of blogging.  Moreover, as lawyers, we have an added ethics obligations to portray ourselves honestly.

Now that I've explained my perspective, perhaps you'll understand why I'm so upset about the recent revelation by prominent copywriter blogger James Chartrand, the so-called front man at Men With Pens, that "he" is really a "she."  As Chartrand explains over at Copyblogger, she created a male persona because as a woman, she faced so much gender bias that she couldn't earn enough to support her family.  But as a male, Chartrand found the financial success that eluded her as a female.

So what's wrong with this picture?  Well, nothing, except if you consider that Chartrand used her blog to preach the importance of transparency at posts like this or this.  Yet, Chartrand apparently didn't believe that the rules of transparency applied to her.

Even worse,  Chartrand didn't simply omit information about her identity - for example, by hiding her gender behind an ambiguous name, ala JK Rowling or SE Hinton or a cloak of anonymity.  Anonymity signals to readers that the blogger is trying to avoid disclosure but in many sensitive situations (for example, like that of Gideon, the public defender blogger or when David Lat blogged at Underneath Their Robes), it may be the only option, and readers can respect that choice. 

But Chartrand did more than simply leave out information about her personal life or use a fake name.  Instead, she intentionally created a completely false persona.  Chartrand called herself a front man for her all male company, and described herself several times as a dad.  She dissed mommy bloggers for being intolerant when she (then posing as he) "risked [her] balls" to comment in their online fora.  She concocted a bogus excuse for not putting a photo of herself on the site.  Even taking at face value Chartrand's contention that her kids would have starved if she didn't pose as a male (and it's hard for me to take anything that this blogger says at face value anymore), there were many other less offensive ways that Chartrand could have kept her gender hidden without creating an entirely fake facade.

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Why Big Firms Don't Blog Well: Not Too Much Risk, But Too Little Passion

Chalk one up for the solos and small firms.  For what it's worth, we dominate the ranks of the Third Annual ABA Blawg 100.  By contrast, only two large firm blogs made the cut, Mark Herrmann observes at Drug and Device Law, one of the chosen. 

Mark contends the lack of an engaging voice accounts for the omission of most big firm blogs from the ABA Blawg 100 list, and of course he's right on that count.  Voice makes a blog as addictive as the morning cup of coffee that usually accompanies its read.   But more importantly, an engaging voice breeds the kind of wild loyalty that sends readers into such a public frenzy when a favorite blog is overlooked that the omission never recurs.  You just don't see that kind of fan base for most big firm blogs.

So why don't big firm blogs engage?  Mark suggests that:

writing in a distinctive voice is risky and that this is the real explanation for why most big firm blogs don't draw large readerships (or accolades from the ABA)

Just as it's risky to be provocative in a brief -- because the benefits are so small, but the costs so potentially large -- it's risky to be provocative in a blog.

If we write something funny here, you might smile. But you'd never send an e-mail to our colleagues praising us for being a laugh riot.if you read our attempted humor and are offended, you might not be so constrained. You might write directly to us (and some of you have) or you might write to others in our firm to complain about us (and some of you have done that, too).

Solo practitioners don't have to worry about that risk: If Scott Greenfield embarrasses himself at Simple Justice, no one can complain to his colleagues. Not so for those of us in the AmLaw 200.

Though I'll agree that big firm lawyers  who push the envelope on a blog face some risks, getting hassled by a colleague or even losing a client are small potatoes compared to losing one's license, a prospect that this solo faced when the Florida disciplinary committee brought ethics charges against him for complaining about a judge's unfair procedures at his blog.  Likewise, if Scott Greenfield or another solo embarrass themselves, their online reputations are toast, which could impair their ability to generate business in the future.

The point here is that while big firm attorneys do face risk, so too do the small fry.  The real question is why are solo and small firm lawyers willing to accept that risk when their colleagues at big law won't? 

Perhaps solo and small firm lawyers benefit from blogging more than our large firm peers.  Mark points out that the risks of blogging for a big firm lawyer aren't worth it when compared to the "awfully intangible benefits."  By contrast, I've found that my law firm blog has enabled me to establish a name for myself in my industry which compensates for the lack of a big firm pedigree (a factor that still plays an important role in hiring decisions, according to a recent study). 

Still, while benefits like client generation might motivate the average solo or small firm blogger to accept the risks associated with blogging (and as in big law, there are plenty of bland solo and small firm blogs), they don't matter much to the bloggers who made the Top 100.  The lawyers who are writing the kinds of blogs that engage or provoke or inspire sufficiently to attract the attention of the ABA editors aren't motivated by benefits, real or intangible.  Instead, they're driven by a passion and enthusiasm and a powerful curiosity about their subject matter so forceful that it compels them to write, notwithstanding the risks. 

When you read the great law blogs (and I should caveat that there are many excluded from the ABA 100), the author's passion and enthusiasm for the subject is palpable.  At some blogs, that passion manifests in a breezy familiarity with the topics covered or the unbelievable level of detail, or the consistent message articulated with forceful elegance or the pride of being a real lawyer representing people the trenches or the practical blogosphere.

Most big firm attorneys aren't consumed by that level of passion for what they do (though you can tell from Drug & Device Law that Herrmann and Beck don't fall in that category).  And I don't mean that pejoratively.  Big firm lawyers are very, very good at practicing law, but I suspect that for many, their time spent at big law is just a job (albeit an intellectually stimulating, financially rewarding one), not their life's work or a calling or a part of the legacy that that they want to leave behind. 

Let's face it -- without passion,  you can't do much more than phone it in on a blog.  So, it's not surprising that so many large firm blogs (and indeed, so many lawyer blogs generally), while strong on substance, not only fail to engage but fail to endure.  Because if what you blog doesn't thrill you or compel you to write or make you feel as if you just might be be able to change a little piece of the world, then really, what's the point?

Update: Here's Scott Greenfield at his finest.

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Blawg Review #215

It's 2:30 am on the morning of World Oceans Day, as I sit here drowning in a sea of submissions for Blawg Review #215.  Buoy, I'm in trouble, with a sinking feeling about all I have yet to do.  But before I sail into the heart of this post, let me share with you why I accepted Ed.'s invitation to host this particular issue of Blawg Review.

Today, June 8 marks the first official World Oceans Day, which has been unofficially celebrated since 2009 when the concept was first propsed by Canada at the Earth Summit in Rio de Janiero.  The United Nations' World Ocean Day Resolution explains that "The official designation of World Oceans Day is an opportunity to raise global awareness of the current challenges faced by the international community in connection with the oceans."  

But what's the connection between MyShingle -- a blog that inspires solos, small firms and aspiring solos -- and Oceans Day?  Well, for those of you who don't know me outside of my life as a splashy, celebrity blogger, turns out that I actually have a rather pedestrian day job paddling along as a practicing lawyer.  One of my areas of expertise is marine renewable energy development, a specialization that I developed as a baby solo because no one else was doing it (fittingly, that's called a Blue Ocean Strategy - the process of identifying uncontested market space so that competition is irrelevant).

Having blogged about marine renewables for nearly six years, I know that the marine terrain  offer all kinds of swell puns that could help me structure Blawg Review #215.  (Can you count how many I've floated already?)  So without further ado, let's plunge in and explore the treasures of this week's blogosphere.

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Do You Read Blog Archives?

Having blogged for over five years now, I've amassed a considerable body of archives, both here and here (pre 11/2004).  But does anyone read archives?  With so much currently available information, do blog readers ever re-visit the past?

I don't want my older posts to fall into obscurity, so please let me know (1) whether you read archives and (2) in what situations you tend to read them.  Also, let me know how you use blog archives - do you use the search tools at a blog to locate past posts of interest or sit down and read through past posts by topic or date?  Please post your results  in the comment section below -- and I'll try to do a follow up on this issue.  And if you've already written about this topic, send me the link!
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Reach Out And Make A Connection

Arnie Herz at Legal Sanity offers a great tip, echoed by What About Clients: reconnect with your business network so that you can continue to nurture and reinforce the trusted relationships that produce not only business referrals, but personal fulfillment. Taking a page from Curt Rosengren, Herz recommends that you try speaking with someone personally whom you know via email or the Internet, but haven't actually spoken with. Why don't you give it try?

Some Disparate Thoughts on Empowerment and Creating Opportunities Through Blogging

Many of us who decide to start a law firm do so to gain autonmy and take charge of our careers; to "own, not loan" our talent. So it's no wonder that so many solo and small firm lawyers have an affinity towards blogging, which is just as empowering as starting a law firm. For example, over at my Legal Blogwatch beat, I wrote about how blogging offers an antidote to depression by giving lawyers a voice:

For lawyers who aren't necessarily clinically depressed (which is a serious illness requiring medical intervention and professional help), but feeling angst or lingering malaise, one possible antidote (and by far, not the only one) is... blogging. Whereas law practice enslaves lawyers, blogging empowers, giving lawyers a unique voice in a world where they usually serve as a mouthpiece for others, giving them control over a domain, even if it's just a tiny little piece of the Internet. Most importantly, blogging builds connections and conversation with others, and eradicates the sense of loneliness and isolation that serve as a breeding ground for depression.
And already, one commenter has agreed that blogging helped him to recover from a low point in his career.

But blogging goes beyond personal empowerment; it can create huge, life changing opportunities. In her comments to a post at Simple Justice, Sui Generis blogger, Nicole Black attributes her most recent credential as a Thomson-West book author to her blog.

But here's one of the most exciting ways that blogs can change a life. Back in July, at my Renewables Offshore blog, I posted about William Kamkwamba, a twenty year old who blogged about his experience of building a windmill for his remote village in Malawi, and as a result, helped find funding for his education. His blog was featured as a Typepad Blog of the Day and more recently, Kamkwamba was featured on the cover of the Wall Street Journal.

If you think these results can't happen to you, think again. As I've written before, some of the greatest opportunities for solos to soar happen by sheer, serendipitous accident - and if you blog, you just may find, some accidental success waiting to happen.

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