Timeline of social media articles, essays and blogs

-          2008: Northwestern University Law Review

The Impact of Computers on the Legal Profession: Evolution or Revolution?

-          2010: Conscious Marketing - Top 100 law firms websites (2010)

Top 100 UK law firms websites

-          December  14 2011: Lexis-Nexis - Global Social Media Audit of Law Firms

 Global Social Media Use in the Legal Industry and overview.

-          December 14 2011: Martindale-Hubbel Blog on social media Audit

Think social media is a waste of time? Your competitors don’t…

-          December 20 2011: Law Society of England & Wales, Social Media Guidelines

Social Media Guidelines for Law Practice

-          December 2011:  Visibility and LexisNexis

“Use of Social Media in Legal Marketing,” (summary graphic) and Lexis Nexis blog.

- Jan 5 2012: Law Society of England and Wales practice note

- Jan 6 2012: Law Society of England and Wales says be careful when adding clients on social media.

-          February 2012: the International Bar Association (IBA) report –

‘The impact of online social networking on the legal profession and practice’

The report addressed the impact of social networking on six groups of legal actors, namely lawyers, judges, jurors, journalists, law students and professors, and legal employers. Read the IBA survey on the impact of online social networking onthe legal profession and practice, here. The IBA is the global voice of the international legal profession.

-          February 23 2012: ALM Legal Intelligence Report

“Fans, Followers and Connections:Social Media ROI for Law Firms”

-          March 11 2012: Washington Post

“Law Firms get into the social media game”

-          March 29 2012: Top 200 UK Law Firms on Twitter (Calista Marketing)

Top 200 UK Law Firms on Twitter

-          June 20 2012: Law Society of Scotland, Social Media Guidelines

Social Media Guidelines for Law Practice

-          September 18 2012: Social Media Today Article

“Social Media: UK Law Firms Lag Behind US”

-          November 2012: Southern Africa Legal Information Institute

A communication shift: Be prepared rather than left behind

- March 2013: survey by Core Legal research finds that many solicitors are still avoiding social media:

http://www.corelegal.net/solicitors-scared-of-social-media-new-survey-results/

- March 13 2013: Law Society of England and Wales publishes practice note on protecting your online reputation.

- June 2013: Law Society of England and Wales publishes 10 social media tips for lawyers.

Further Reading:

Legal Week confronts what is required of a lawyer or law firm interested in building a social media presence.

"It will take a least an hour a day of their time and it will take six months to a year before you build any kind of momentum. If you're prepared to accept that, then it's a nice communication tool to have, but it's certainly not yet essential or any kind of magic bullet." Here.

Legal Week refers to "social media puff".

Thomson Reuters Social Media Guidelines. 

Individual lawyer marketing on Bright Fire.

Lexis Nexis approaches law firm strategic planning.

Social media for law students.

Thomson Reuters says "fish where the fish are". 

Lexis Nexis social media service here, here, here, here and here. 

Law Society publishes 10 social media tips for lawyers

http://www.lawsociety.org.uk/communities/women-lawyers-division/articles/ten-social-media-tips-for-lawyers/

Legal writing

http://lawyerist.com/origins-of-bad-legal-writing-part-one/

http://lawyerist.com/origins-legal-writing-wars-part-two/

http://lawyerist.com/origins-of-the-legal-writing-wars-part-three/

http://lawyerist.com/origins-of-the-legal-writing-wars-constructing-sentences/

http://lawyerist.com/legal-writing-wars-seeking-precision/

DPP publishes full and final social media prosecution guidelines

CPS press release with full list of links to relevant documents and guidelines here.

http://www.cps.gov.uk/news/latest_news/dpp_publishes_final_guidelines_for_prosecutions_involving_social_media_communications/

Telegraph write up here.

http://www.telegraph.co.uk/technology/social-media/10132657/Offensive-online-posts-to-escape-prosecution-if-writers-apologise-say-new-guidelines.html

Blogging stage fright

As Kevin O'Keefe explains:

http://kevin.lexblog.com/2013/06/17/lawyers-lower-your-blogging-and-social-media-inhibitions/#.UcDbK5kckKQ.twitter

"All too many lawyers stiffen up when it comes to blogging and the use of social media. Rather than being themselves, they clam up and hide behind rules and policies designed to protect lawyers from themselves.

The result is many dry and unpassionate blogs that report news and legal updates without any insight, commentary, or personality. Heck, even Walter Cronkite signed off each night with a wink and departing catchphrase “And that’s the way it is,” followed by the date."

Kevin then considers the more immediate forms of social media. And don't be confused, a blog is very much a social medium. Any way, Kevin explains:

"Most lawyers engage little, if at all, on LinkedIn or Twitter. It’s the dry sharing of a piece of content — usually their own. No commenting back and forth or liking, in the case of LinkedIn. Heck, lawyers don’t even personalize invitations to connect on LinkedIn."

Alex Aldridge Talks Legal Blogging

In this Law Tour podcast by Charon QC with Alex Aldridge, editor of Legal Cheek, the discussion covers many topics. Including legal blogging. At 19 minutes Alex Aldridge responds to Charon QC on the role of the blog to the modern lawyer and law firm.

Hear the podcast in full here.

Also of interest should be the podcast by Kevin Poulter and Alex Aldridge again who chat to Leon Glenister about blogging in a broadcast by the title, 'Write a legal blog, mind your Ps and Qs and get a job?'

Hear the second podcast in full here.

Coffee with Tech Lawyer, Tim Summers

I recently caught up over coffee with Tim Summers (@TimSummersUK), the plain speaking technology lawyer and co-founder of the exciting Temple Bright law firm. This catch-up came 3 months after our Zero-140 encounter of March 4 2013 – and coincidentally, 3 months since his firm’s move into Tech City, London. And thanks to a lot of intensive work and acclimatisation, a lot has changed for the good for Tim and Temple Bright in the 3 months past.

And of important note, Tim has made it clear that a lot has changed and developed by his way of thinking. I began (my questions are in bold):

"So Tim, back in March you appeared keen on social media as a tool for the modern law practice. Asked if social media played an important role, you said: “Yes, as in every other kind of business.  As with anything, you gain in proportion to how much effort you make."

How have things been on the social media front since our last chat?

“ Since opening our London office in Silicon Roundabout, I have become a convert to the use of social media and blogging for business purposes (although, as I now appreciate, the idea of having separate “business” and “personal” identities/aims is increasingly in question.).”

The Best of Bloomberg Law

Law firms with blogs grow faster

http://m.youtube.com/user/bloomberglaw?&desktop_uri=%2Fuser%2Fbloomberglaw#/watch?v=h30_AQRqDcs&feature=plcp

This gives us the opportune moment to Segway into saying that a blog should be consider the online home of any law firm or lawyer.

Also opportune to throw up the reminder that we had already spoken about how general counsel are actively reading flaw blogs and recruiting and hiring on that basis.



http://m.youtube.com/watch?v=SOQfoTqTRsA&feature=plcp

Lee Pacchia said:

"Law firms are fragile economic entities and when they fail, they fail massively ."

Legal Marketing Watch: Cleaver Fulton Rankin

In the face of a bold new world, law firms face one core challenge: to change and adapt.

Just what the doctor ordered - if you don't mind us analogously calling the celebrated Mr. Richard Susskind a doctor. So yes, law firms need to adapt to a new online and offline world. They need to change they way they operate internally and externally. By doing so they can begin to meet the new expectations and demands of a more sophisticated and equally price-sensitive client base.

One central tenet to any law firm change manifesto must be the need for differentiation from a saturated market. As per what Above the Law said here and as we explored more here and here and others here, here, here, here and here.

Traditional media for law firms

People are always talking about social and new media for law firms. Today we want to talk about traditional media for lawyers and law firms. Here we go.

Being a late chronotype, mornings are never easy. Nonetheless, as I rose early on the morning of June 3 2013 I did the usual and switched onto Radio 4. And at 14 minutes past the ungodly hour of 6am the dulcet and lawyerly tones of Gary Miller came wafting across the airwaves; mixing it up of course with the fumes from my intermittent quaffing of coffee.

But back to Gary Miller - who is he? Mr Miller is an international litigator and insolvency specialist with Mishcon de Reya. A law firm we have come to grow found of at Elephant creative – see here and here.

Timeline - Legal Aid Reform

[The beginnings of this thread were originally published on Defero Law and can be seen here]

So, legal aid: where are we now? Verbal rumblings have been going on for months. The Ministry of Justice public consultation, 'Transforming Legal Aid' closed on June 4 (full consultation document here). The MoJ said it got 13,000 responses, but apparently this was the one to read:

If MoJ read just one response, this absolutely needs to be it “@richardmoorhead: Response to Legal Aid Consultation wp.me/pxDm8-nO”
— Jeremy Hopkins (@Jezhop) June 3, 2013

Elsewhere, Adam Wagner (@AdamWagner1) has been at his best, tweeting like an animal charged on Red Bull. Former pupil-barrister Harry Mount has been up stirring things up, writing a piece for the Spectator on June 8 on how 'Chris Grayling is right to reform legal aid'.

That really got people's back up, as dozens launched themselves onto that out of control wagon. Though Harry Mount's piece has now been given a full front page (webpage) rebuttal on the Spectator, with an essay by barrister and media-face Jerry Hayes entitled, 'Harry Mount is wrong: Chris Grayling’s legal aid reforms will damage justice'.

Simon Myerson QC was also one of the first to hit out against Mount in the comment sections and has since penned two full pieces, 'Six reasons the cuts to legal aid will ruin our justice system' in the Independent, and then '9 Reasons whay Harry Mount's Hatchet Job on the Legal Profession Misses the Mark'.

There's also a piece by Mark Nayler in the New Statesman on how 'Harry Mount's attack on barristers is shot through with personal loathing'. Oh - and we can't of course forget the comedian John Finnemore's skit on the Radio 4's Now Show on Saturday 8 June.

The whole affair is pretty fluid and even since all the bluster above, the Justice Committee are now/have since been considering/considered the legal aid reforms; which includes, among others, Law Society president Lucy Scott-Moncrieff giving evidence.

Justice Select Committee meeting today at 9:30am on Legal Aid - parliamentlive.tv/Main/Player.as…
— Zoe Saunders (@ZASaunders) June 11, 2013

Evidence taken on @mojgovuk's proposals on transforming #legalaid at 9.30am @commonsjustice goo.gl/gtJ0t
— UK Parliament (@UKParliament) June 11, 2013

And the tweets are pouring out, including from Richard Moorhead (the man who's response to the 'Transforming Legal Aid' public consultation we were encouraged to read):

Legal Aid Justice Cttee @rogerjgsmith on BBC Parliament now.With extra stripes and a little dash of controversy
— Richard Moorhead (@RichardMoorhead) June 11, 2013

Thanks @thelawsociety for calling on Justice Select Committee to hear evidence on changes to #legalaid in civil cases too! #saveukjustice
— @savejusticeuk (@savejusticeuk) June 11, 2013

So far no question from committee is based upon credibility of the legal aid system.
— Northpod Law (@northpodlaw) June 11, 2013

Get off the fence Roger... RT @njbarmstrong Roger Smith at Justice Committee: "ineptitude of government never ceases to amaze me" #legalaid
— John Hyde (@JohnHyde1982) June 11, 2013

We can expect the flow of tweets to continue. In the mean time you can sign the petition against the reforms:

Why you should sign this:epetitions.direct.gov.uk/petitions/48628 Grayling’s turd burger of a plan on legal aid explained: youtu.be/fHhfpCP1kPU .
— Stephen Mangan (@StephenMangan) June 11, 2013

So that's it. Well my attempts at rounding up where we are. Thousands of words have been written in recent weeks, and many more are spilling out at this very moment. I'm watching the affair progress with interest and look forward to seeing how things settle down and whether Mr Grayling will listen to the calls against his reforms.

In the interim period, enjoy my cartoon.

Update:

On June 13 2013 the Bar Council published a response to the Harry Mount piece that appeared in the Spectator, published June 8. Read the response from the tweet below:

MMQC challenges Mount's angry & unfocused polemic: 'a fundamental ignorance of the British legal system' @spectator http://t.co/0vEVoZpSk5
— The Bar Council (@thebarcouncil) June 13, 2013

On April 18 2013 the Criminal Bar Association published, 'Price Competitive Tendering. A Solicitor's View from the High Street'. 

See the June 13 blog post by Charon QC on the failing of Chris Grayling to know the difference between the Bar Council and the Criminal Bar Association here.

Also hear his April 30 2013 podcast interview with Michael Turner QC, Chairman of The Criminal Bar Association here.

There is also a Charon QC podcast interview with barrister and former MP, Jerry Hayes from May 25 2013, 'Jerry Hayes on the Lord Chancellor’s Legal Aid reforms – a sardonic commentary'.

Also is the April 23 2013 piece in the New Statesman by David Allen Green, 'How the Ministry of Justice’s proposal for the tendering of criminal legal aid is misconceived and illiberal'.

Senior judge, Lord Neuberger said that the proposed legal aid cuts would create two-tier justice system.

On June 19 David Allen Green commented on the Attorney-General's "most remarkable letter" to a group of barristers concerned about the legal aid reform.

The Supreme Court President and most senior judge in the UK weighed in on the Legal Aid reform debate. Read here.

"145 specially appointed Government barristers demand rethink on Legal Aid plans" 

You should read the Legal Aid Changes Blog.

June 26, Lord McNally, Minister of State for Justice, Deputy Leader of the House of Lords wrote in the Huffington Post that 'Legal Aid Reform Is Necessary.'

Charles Christian on social media and the law

In one of his latest podcast in his Law Tour Report, Charon QC interviewed Charles Christian of Legal Technology. From 34 minutes of the podcast Charles Christian talks social media and the law surrounding contempt of court:

"[Social media has] put a broadcasting tool in the hands of many. Whereas before their only outlet would have been to write a "yours disgustedly" letters to the Daily Mail and the Telegraph - which an editor would have spotted, intercepted and binned - now they can get through all of that.

Croudsourced Law-making

Finland is getting ready to use crowdsourcing as a means of creating new law. Heavens above, a croudsourced law-making system - is there something there for us in Great Britain in central government and across the devolved legislatures?

"Earlier this year (2013), the Finnish government enabled something called a “citizens’ initiative”, through which registered voters can come up with new laws – if they can get 50,000 of their fellow citizens to back them up within six months, then the Eduskunta (the Finnish parliament) is forced to vote on the proposal."

Though, it's rightly noted that we have something similar in GB. Albeit a lot more mechanical and citizen-unfriendly.

"Assuming they get their 50,000 signatures, each will have to be voted on by the Eduskunta. Compare that with, for example, the UK system – there, an e-petition that garners 100,000 backers wins the grand prize of being considered by a government back-office and maybe being discussed in Parliament."

Legal Bloggers Can Learn from Non-Legal Bloggers

There's an art to blogging. It's a form of itself. Subtle, but not difficult. But easy to get wrong. Blogging is not like law school. Blogging is not about dense, wordy, thick, verbose and impenetrable prose like the stuff in legal journals.

It's about being light, airy and bouncy. It's to be written the way you talk as Kevin O'Keefe of LexBlog said.

"Blog as you talk. It’s a conversation after all. If you cite cases and use footnotes when out to eat with clients, then have it when blogging. If you don’t, leave them at home when blogging."

And if you're still unsure then we need to ask: how do you get better? My answer is: watch the best writers and observers in the blogging game. Kevin O'Keefe said the same thing:

"Develop your own blogging style from following successful bloggers. You may learn the most from non-law bloggers such as Dave Winer, the folks at Copy Blogger, Jeff Bullas, and Mashable writers."

'Tweeting in Convoy', Ctd

I've discussed the idea of 'tweeting in convoy' on this blog before here. And as is my habit, the idea has been growing and seeking out new avenues.

The latest musings have come from a great a post entitled: "Empowering your law firm employees to be social media ambassadors". There were two highlights.

One:

"Claim the law firm. Encourage your employees to proudly fly your firm name and link on their Facebook wall or Twitter bio."

Two:

"Promote re-sharing. Once an employee has opted in to your firm’s social media networks, they’ll be exposed to regular updates. Empower them to share and retweet updates from your brand that they are excited about and moved by. Doing so you’ll connect with those on their networks."

Law Firms with Blogs grow faster, according to US research

Over to Kevin O'Keefe of LexBlog here and in the stats and video below:

- Blogging adoption. 156, or nearly four in five AmLaw 200 firms are now blogging. 

- Growth in number of blogs. The number of blogs, 660, has grown exponentially, up 71%   since our last study. 

- Employment blogs being the most popular with 91 blogs, alone. 

- Correlation between blogs and firm revenue.

Legal Aid Reform in Northern Ireland

http://www.belfasttelegraph.co.uk/news/local-national/northern-ireland/justice-minister-david-ford-on-a-mission-to-cut-lawyers-costs-29263669.html


http://www.legalaidreform.org/news/item/559-uk-david-fords-plan-to-save-legal-aid-millions

Justice Committee considers Legal Aid reforms

June 11 response to the Justice Committee dealings by the Law Society of England and Wales

http://www.lawsociety.org.uk/News/Press-releases/Pressure-on-Grayling-intensifies-as-MPs-scrutinise-criminal-legal-aid-cuts/

Quick summary by BBC here, which also includes video clip.

http://www.bbc.co.uk/democracylive/house-of-commons-22857089

On the same day, Radio 4 broadcasted the last episode of 'Law in Action', presented by Joshua Rozenberg

https://twitter.com/joshuarozenberg/status/344500957247324160

Should UK Supreme Court record and publish all Judgements?

The un-put-downable tweeter come barrister Adam Wagner thinks so. As do the great many who approvingly retweeted him.

https://twitter.com/adamwagner1/status/344417803929014272

The other heavy hitting tweeter come barrister, Carl Gardner agreed:

https://twitter.com/carlgardner/status/344418971245756417

Then Charon QC, the fictional barrister but nonetheless irrepressible legal blogger and legal tweeter brought a measure of reality to the discussion:

https://twitter.com/charonqc/status/344419279472578560

Personal Branding for Lawyers

Barrister Jerry Hayes doing his thing outside Westminster fighting against legal aid reform.

Good starting point is with Belfast-based international libel lawyer Paul Tweed who calls www.paultweed.com home in the online world. Then there's former MP and TV face barrister Jerry Hayes who can be found at www.jerryhayes.co.uk.

There's obviously more to building a personal brand online and offline than a personal website. But as I've alluded to before: the blog/website give or take is the online home of the modern lawyer. Other social media channels can buttress and compliment this; but know this: the website and blog are the foundation.

Christopher Hitchens left England in part, because of the Libel Laws

We have a great tradition in this country. It goes back a long way; the classic statements of which are in John  Milton's Areopagitica, and in John Stuart Mill's essay On Liberty where it is said (Christopher Hitchens paraphrases):

"However discredited an opinion may be, to ban it would still be a huge mistake; because otherwise there would be no way of finding out if you yourself had made a correct point. If you had no opponent; if you silenced them there would be no opponent. There would be no measure of your own articulacy or your own willingness to argue."                                             (At 56 minutes 40 seconds of video above)

Hitchens adds his take:

"Thus, it must always be the case that any opinion, no matter how unpopular must be at the front and centre of the argument."

Christopher Hitchens then said that Rosa Luxemburg put it even better:

"Freedom of speech is meaningless unless it's for the person who thinks differently."

Member of the audience then asked: "do you believe in the laws of libel and slander?"

Christopher Hitchens replied:

"No. I left England partly because of the laws of libel. It makes journalism almost impossible. Because again, it's a matter of her feelings (lady beside him). The person bringing a law suit in Britain (many of them tried it on me when I was here) has only to prove that their reputation has been damaged or that their feelings have been hurt. They don't have to prove what I say is not true."

He then added a real shock and awe statement which if you think about it, does kind of ring true. Hitch said:

"There you have it again: it's a secular form of a blasphemy law."                                                 (At 57 minutes 25 seconds of the video above)

Powerful stuff. YouTube video in full here.

Harry Mount versus Jerry Hayes and the Rest of the World

                         

Right. There was a big kerfuffle in the British legal community last week (June 3 - June 9 2013). Why? Because an ex-pupil barrister, Bullingdon Club member and current Spectator columnist, Harry Mount wrote a piece in said magazine entitled, 'Chris Grayling is right to reform legal aid', published June 8 2013.

All of this and more in your pocket

Just take a moment to consider what a radical revolution the smart phone is. What twenty years ago took a trailer to transport, can now be carried around in your pocket.

This evolution of technology has revolutionized the way people live their lives and do business.

Lawyers and law firms have got to buy into this.

Understanding Legal Blogging

As Andrew Sullivan said in his essay 'Why I Blog', the blog is the new literary form of our age. And as Matt Mullenweg, the creator of the ubiquitous blogging platform WordPress said: blogging has given 'equality of access' and therefore utterly utterly democratised the ability to publish. Everyone now has a soapbox and a real voice that can reach a global audience. Matt said:

"Before the widespread rise of the Internet and easy publishing tools, influence was largely in the hands of those who could reach the widest audience, the people with printing presses or access to a wide audience on television or radio, all one-way mediums that concentrated power in the hands of the few."

The same applies to lawyers. Lawyer can use the new form to give expression to their ability and expertise. By doing so they can build an audience, a following and a reputation as the go to authority on a given matter. Nowadays it's not enough for a lawyer or law firms just to carry on with their affairs in the offline world, they need to get online and carve out a space in the online world. And a blog is at the heart of this.

As Kevin O'Keefe of LexBlog said:

'A lawyer's home base on the web is their blog.'

Law Students Aren't Using the Web with their Career in Mind

In the words of Richard Susskind we all know that "most lawyers are pathologically late adopters of IT." Though it will come. It'll just take a little longer. Susskind again:

"Despite promising, early successes, until the worth of an emerging technology is proven beyond reasonable doubt it will not generally be embraced by the legal world."

Anyway, how are the young generation of law students, tomorrow's lawyers doing? As a part-time university lecturer Brian inkster has a genuine insight. Back in January 2011 Brian Inkster ran a straw poll: during a lecture to over 150 law students he asked them a number of questions regarding their web presence. Here's what he found:

"Of the 165 students it transpired that nearly all of them were on Facebook but only 4 on Twitter, 7 on LinkedIn, 1 on Quora and 2 had their own blog/website."

The Blog, Home of the Modern Lawyer

Kevin O'Keefe of LexBlog penned a great piece back in December 10 2012 which captures both the power of the blog and the central force of the blog for the modern lawyer and law firm.

Make sure to read his post which features references to Matt Mullenweg, creator of WordPress, and is entitled, 'A Lawyer's Home Base on the Web is their Blog'.

"A blog may not look sexy and, like all things worthwhile, takes a little time. But if you’re looking at vehicle to serve as a hub of your online networking, there’s nothing better than a blog."

Legal Clock-Watching - Niall Ferguson suggests US Lawyers are worse than the British

It's only anecdotal, but still a strong observation from a reasonably reliable academic, historian and economist. Namely, Niall Ferguson.

Having started and ran various businesses in both the US and the UK, in an article here for the WSJ he does a bit of a compare and contrast. A number of pithy comparisons were made including making the observation that arranging health insurance in the US is a very real botheration. But what I found interesting was his observation on dealing with the lawyers. He said:

"As an academic, I'm just an amateur capitalist. Still, over the past 15 years I've started small ventures in both the U.S. and the U.K. In the process I've learned something surprising: It's much easier to do in the U.K. There seemed to be much more regulation in the U.S., not least the headache of sorting out health insurance for my few employees. And there were certainly more billable hours from lawyers."

Christopher Hitchens on Free Speech

http://www.youtube.com/watch?v=Is71zKEiMdk&feature=youtube_gdata_player

More here:

http://www.youtube.com/watch?v=Uadgk2kveRU&feature=youtube_gdata_player

Student Sentenced for Lee Rigby Tweet

Student Deyka Ayan Hassan sentenced to community service for sending 'joke' tweet after Woolwich killing
that said that people wearing Help for Heroes T-shirts "deserve to be beheaded".

Read more about the case here and here.


A man was also arrested for making malicious communications over Facebook which you can read about here and here.

Chris Grayling's Consultation - 'Transforming Legal Aid'

This post is all about giving you the important facts and opinions you need to know about the Ministry of Justice consultation paper, “Transforming legal aid”; how the process panned out and how it was received etc.

The consultation process closed June 4 2013 and over 13,000 responses were received:

The Ministry of Justice have just confirmed that they have in excess of 13,000 responses to the Consultation on Transforming Legal Aid
— Chris Milligan (@milligan_cp) June 4, 2013

Open Letter to Maria Miller Voices Concerns about Internet Freedom

http://www.englishpen.org/online-content-letter-maria-miller/

The Role of Social Media in Turkey's Unrest

Andrew Sullivan breaks it down:

http://dish.andrewsullivan.com/2013/06/04/when-turkey-tweets/

More here:

http://dish.andrewsullivan.com/2013/06/06/a-menace-that-is-called-twitter-ctd/

UK Law Students Better Prepared for Work Than their US Cousins

The 12 panellists who featured in the Guardian panel discussion, chaired by Joshua Rozenberg.

The Guardian recently hosted a roundtable discussion, chair by legal journalist Joshua Rozenberg on legal education in the US and UK. It was a bit of a compare and contrast exercise which threw up some interesting insights, including the one included in that title above, that UK law students are regarded as more work-ready than their American cousins. You can also read the Guardian article in full here, otherwise in full below [emphases are my own]:

"It is an exciting time to be an English lawyer – especially one prepared to look beyond England. The more economically globalised the world becomes, the more it needs globalised legal services, which means more career opportunities for law graduates willing to work in other countries and across jurisdictions, especially if they have an English legal background. With English common law the de facto law of business, and English the de facto language, the UK government has seized the chance to promote the UK as a commercial legal capital of the world, hoping this could be a key driver of economic growth. 

Already 200 foreign law firms are operating in London and lawyers are bringing in about £3.5bn in foreign earnings. 

The Rolls Building, a high-profile court complex opened in London two years ago, which is designed to attract complex business disputes from around the world, epitomises the government's vision of the future possibilities the legal profession offers.
How best to prepare fledgling lawyers for this potentially lucrative but challenging environment was the subject of a roundtable discussion last month attended by senior lawyers and legal academics and hosted by the Guardian. It was held in association with The University of Law.

Interview with Lee Pacchia

[This interview was originally published on Elephant Creative and can be seen here]

The Zero to 140 interview series has been on a truly global tour de discourse, picking the minds of some of the leading legal heads in the UK and America.

The latest up to the #ZeroTo140 interview table is Lee Pacchia (@leepacchia) of Bloomberg Law, a man who regularly sits down with the people that set the agendas and direct the future of the industry. We’re delighted to be able to include him in our series.

Brian John Spencer (BJS) : So Lee, what’s happening today?
Lee Pacchia (LP): Booking guests, writing scripts, taping programs and posting a video a day. Welcome to my world.

Social Media Law in Australia and America

The internet is a boundless, borderless phenomenon that is both a force for good and bad.  A reality that law enforcement agencies around the world have had to confront. We've looked at the situation as it is in the UK and Ireland before; but what about the other countries.

Well in Australia, they're coming alive to the difficulties. In an article here, Adelaide Now discusses the challenge that social media posses to the trial by jury model and the criminal justice system as a whole. Here's what the paper said:

"The right to a fair trial is considered one of the fundamental rights of a defendant in a criminal case. 

However, traditional measures such as suppression orders, designed to protect that right, are proving ineffective in the face of prejudicial material uploaded in real time on social media. 

The culprit is not the traditional media, but jurors, witnesses and members of the public who become instant mass-media publishers with every post and tweet. 

In addition, well-meaning jurors using the internet to conduct their own research about issues in trials threaten the court's ability to ensure that cases are decided only on the admissible evidence presented to the court."

High Court Judge makes new Social Media Law (re: Breach of CourtInjunctions)

Less than two weeks after the Hon. Mr Justice Tugendhat delivered judgment on the McAlpine v Bercow Twitter libel affair (see here and here), the UK's top media and libel judge has made new law and sent out another clear message to social media users.

Namely: the internet may have made everyone a  publisher, however the internet did not made publishing responsibility free. Therefore, don't say anything on social media you wouldn't say on a print newspaper.

This time round the message from the legal mill is a little more social media-user friendly. OK, to understand things we need to go back to here on Defero Law. In that post entitled, "Is Social Media Uncontrollable?" I talked about two men who posted images of the two men who killed Jamie Bulger. This was in breach of a court order; therefore there was a legal effect to their actions (see Social Media and the Law: Know Where You Stand, my blog on the Huffington Post).


The two men were originally convicted and handed down prison terms. Now this has changed. See tweets bellow from Adam Wagner.

TWITTER, READ THIS JUDGMENT! 2 men who shared Jamie Bulger killer pics get 9 month sentences suspended for 15 months bailii.org/ew/cases/EWHC/…
— Adam Wagner (@AdamWagner1) June 4, 2013

… Court says in future serious social media injunction breaches, unlikely jail sentences will be suspended. TAKE NOTE bailii.org/ew/cases/EWHC/…
— Adam Wagner (@AdamWagner1) June 4, 2013

Full judgement available below in tweet from the Judicial Office:

High Court judgment in HM Attorney General v Harkins & Liddle (breach of Venables/Thompson injunction) now available bit.ly/13CrlZj
— Judicial Office (@JudiciaryUK) June 4, 2013

This is another important step on the road to hammering out the law that governs activity on the social web. Just this time the judge has made new law that makes it clear what will happen if you publish comments online that breach a court order. And as Adam Wagner rightly said: "TAKE NOTE!"

Bradley Manning Case Could Chill Speech

Harvard law professor Laurence Tribe, considered one of the foremost liberal authorities on constitutional law in the US and who taught the subject to President Barack Obama, has said to the Guardian that the charge against Bradley Manning could set a worrying precedent. He said:

"Charging any individual with the extremely grave offense of 'aiding the enemy' on the basis of nothing beyond the fact that the individual posted leaked information on the web and thereby 'knowingly gave intelligence information' to whoever could gain access to it there, does indeed seem to break dangerous new ground."

Laurence Tribe, who advised the department of justice in Obama's first term, added that the trial could have "far-reaching consequences for chilling freedom of speech and rendering the internet a hazardous environment, well beyond any demonstrable national security interest."

Mentioned by Above the Law and Legal Cheek

We got a mention from Above the Law in their daily round up. See that here.

Above the Law is a "kind of" legal tabloid that covers legal news and gossip in America. The American cousin of the UK's Legal Cheek pretty much.

I should also take this time to say what a wonderful online resource Above the Law really is. I encourage you to give it a regular read and even consider subscribing to the daily email.

We also got a mention later in the same day from Legal Cheek. Would only be right for Above the Law's British cousin to do so. See it here.

Singapore Introduces Online Communication Controls

Full information here: http://sg.news.yahoo.com/activists--bloggers-call-on-mda-to-withdraw-licensing-scheme-133110712.html

Angry response by active blogosphere:

http://sg.news.yahoo.com/singaporean-online-community-angered-media-rule-081742526.html

Founder of Singapore blog the Online Citizen, Choo Zheng Xi had this to say to BBC news on Friday 31 May 2013:

"People all around the world should be worried as this is a road map for governments around the world in how to control online media"

Read also his essay on TOC on why you should care about the new controls:

http://www.theonlinecitizen.com/2013/05/mdas-licensing-regime-why-you-should-care/

Stifle Internet based media

Singapore ranks 149 in the world by press freedom.

'Tweeting in Convoy'

The whole question of legal tweeting is difficult. Should the partners be tweeting? What about the trainees? Should the firm itself tweeting? But the firm is a legal fiction - how can it tweet? And it goes on.

Worry no more: for Jon Bloor (@JonBloor) and Brian Inkster (@BrianInkster) have put all the uncertainty to bed.

How Free is Our Speech? - Radio 4 Discussion

Clive Anderson recently chaired a discussion on Radio 4 that asked a simple question: how free is our speech in Britain today? The discussion also took the time to considered specifically how speech on social media should be controlled or otherwise.

Billed as 'the programme that gets behind the legal issues of the day,' it certainly did that. You can listen to the episode in full here.

Clive Anderson kicked things off with a nice overview of the legal history as it exists in law in Britain to date and how this contrasts with our love of freedom:

Brian Inkster on the State of Legal Tweeting

The verbally voluminous Brian inkster gives his view on the state of legal tweeting and other social media pursuits:

It is often tweeted these days, by those of us who have been there since the early days, that the fun has been taken out of Twitter. This does, at times, appear to be the case but let’s put it back when we can.

The State of UK Legal Blogging in 2013

Brian Inkster opines...

So what does 2013 have in store for Blawging? I predict nothing major. There will be no blawging mushroom. Scott Greenfield and Charon QC will still be at their posts (but with Charon QC touring in his Jag). New blawgers will come and go. Some old stalwarts may retire and some slightly younger ones will step into their shoes.

Law firms that get into blawging in 2013 will, I predict, on the whole produce fairly uninspired material. Content but not necessarily Valuable Content. For law firms in need of inspiration I would point them, as I normally do, in the direction of a couple of other blawging stalwarts: Tessa Shepperson and Paul Hajek both of whom know what works when it comes to blawging and business development. Check out the Landlord Law Blog and the Clutton Cox Blogs.


More here:

http://thetimeblawg.com/2013/01/05/the-time-blawg-two-years-on-part-2-blawging/

Looking at Richard Susskind's book - 'Tomorrow's Lawyers'

http://thetimeblawg.com/2013/04/07/tomorrows-lawyers-reviewed/

"Social media is accepted... But still a long way to go."

Brian Inkster's take on the state of the union between law practice and social media. The remarks were made at the Legal Tech Conference:

"There was not a lot of social media chat at LawTech Futures 2013. Perhaps it is now accepted and is part of our present rather than the future. A delegate sitting next to me at the start of the Conference felt a need to tell me the Conference hashtag. Egg sucking grannies came to mind! Still a way to go for many law firms though. One presenter pointed out that the “most successful organisations will be the best networked ones”. Those organisations will be those that have mastered social networking especially Twitter which has been described as “networking on speed”.

In full here:

http://thetimeblawg.com/2013/05/07/lawtech-futures-2013-reviewed-the-one-with-the-neocortex/

Felix Salmon on the Multi-Platform World

http://blogs.reuters.com/felix-salmon/2013/05/28/promiscuous-media/

Facebook is to Tighten Controls on Hate Speech and other Misuse

See Facebook blog post announcing decision:

https://www.facebook.com/notes/facebook-safety/controversial-harmful-and-hateful-speech-on-facebook/574430655911054

See BBC reporting here:

http://m.bbc.co.uk/news/technology-22701082

Index on Censorship voiced fears about freedom of speech on BBC News.

Hear some of the voices in support and in dissent of the decision by Facebook:

http://dish.andrewsullivan.com/2013/05/30/policing-facebook/

Courts are to be put in Private Hands

Read more here (£): http://www.thetimes.co.uk/tto/news/politics/article3776508.ece

Twitter is "inherently dangerous" says David Aaronivitch

The broadcaster and journalist David Aaronivitch (@DAaronovitch) has waded into the McAlpine/Bercow affair and has added his two cents to the debate. He's thrown up some interesting points and insights. Writing in the Times (full article here) the title and header where hard hitting, going like this:

Lessons from McAlpine v Bercow

Presiding over the High Court Mr Justice Tugendhat found that Sally Bercow had libelled Lord McAlpine by publishing on Twitter defamatory, albeit "nuanced", communications. Full judgement can be read here. Bad for law firm Carter-Ruck who had been instructed by Bercow. In his summation, the UK's senior libel judge Judge Tugendhat said:

“I find that the Tweet meant, in its natural and ordinary defamatory meaning, that the Claimant was a paedophile who was guilty of sexually abusing boys living in care. 

If I were wrong about that, I would find that the Tweet bore an innuendo meaning to the same effect.”

The McAlpine v Bercow High Court Hearing as it Unfolded on Twitter

Full stream of live tweets from (@JackofKent) who attended the preliminary hearing at the High Court in the case of Bercow v McAlpine. Full ruling by Lord Tugendhat here.

Today at 10.30am, ruling of High Court on whether #Bercow's "Why is Lord McAlpine trending? *innocent face*" tweet was defamatory at law.
— Jack of Kent (@JackofKent) May 24, 2013

Best Law Firm Websites

The Lawyerist has recently launched its fourth annual Best Law Firm Websites award. I await the results with excitement.

Until then, you can see the winners from 2010, 2011 and 2012.

US Law Firms in London

Elite US litigation firm Boies Schiller & Flexner to launch in London legalweek.com/legal-week/new…
— Legal Week (@LegalWeek) May 24, 2013

UK Law is still Oversupplied and in Underdemand

While the IMF delivered good(ish) news on the state of the UK economy, things aren't so bright for UK law. Read the piece here by LegalWeek which has said that the UK legal economy continues to face headwinds with further job cuts expected.

'Nearly half of the UK's 50 largest law firms by revenue have announced job cuts over the past year, with the number of roles placed under threat of redundancy since May 2012 fast approaching the 1,500 mark. 

More than 1,300 jobs have been put at risk across 20 top 50 UK firms since the start of the 2012-13 financial year, with around 750 positions cut to date.  

Commenting on the trend Michael Chissick, managing partner of Field Fisher Waterhouse, which has not made any cuts and has no current plans to do so, said: "The worst isn't over. The legal sector continues to be oversupplied and there is insufficient demand in some areas coupled with many firms continuing to struggle with creating the profits they aspire to." 

Syed Nasser, senior recruitment consultant at Fox Rodney, said: "We are continuing to see very tight control on finances by law firms, and, if there isn't enough work, associates will suffer."'

Judge Tugendhat Sends Out Social Media Warning and Advice

From the Spectator quoting Lord McAlpine's solicitor here:

"In the meantime, vindicated Lord McAlpine’s solicitor sounds a clear and concise note: ‘Mr Tugendhat’s judgment is one of great public interest and provides a warning to, and guidance for, people who use social media."

Top American Lawyer has no Sympathy for Jobless Law Graduates

The president of the American Bar Association William Robinson said to Reuters that he had no sympathy for law graduates who now find themselves in a fix.

"It's inconceivable to me that someone with a college education, or a graduate-level education, would not know before deciding to go to law school that the economy has declined over the last several years and that the job market out there is not as opportune as it might have been five, six, seven, eight years ago."

Read the article in full here.

His cold remarks stirred up a wave of criticism which you can read about here.

Paul Tweed on the Defamation Act

From the out set Paul has been an advocate for upholding the old legal code which is in line with the Republic of Ireland.

He certainly didn't like it on April 25 when the Defamation Bill became good law.

Press get their way with new defamation legislation at the expense of their readership’s right to redress #libelreform
— Paul Tweed (@Paul_Tweed) April 25, 2013

Two days earlier he had suggested that Belfast could become capital for libel tourists:

Looks like libel litigants will now have to cross the Irish Sea to Belfast or Dublin in order to get access to justice.
— Paul Tweed (@Paul_Tweed) April 23, 2013

The Story of the Defamation Act in Northern Ireland (so far...)

The Press Gazette and other publishers recently suggested that the unilateral Sammy Wilson decision not to pass a 'legislative consent motion", which would have implemented in full the Defamation Act into Northern Ireland law, could hurt the devolved province. Lord Lester, the Liberal Democrat architect of the new libel law said the decision was a "very bad step" for the public.

The ABS Doing Law Differently

Got a wonderful tweet from president of LexBlog Kevin McKeown (@kevinmckeown) the other day. It was a link to an article he had written recently that profiled an exciting law firm and alternative business structure. It was an article which I had previously skimmed but have since come to regard as one of the best reads I've have in a long time.

Have go to share this. Have a read here.

@brianjohnspencr Thx. What do think of this: A Unique Point of View is HUGE for Building Online Reach/Social Spread: leadershipcloseup.com/2013/05/13/a-u…
— Kevin McKeown (@kevinmckeown) May 17, 2013

Law Firm Coffee House Combo!

Talk about re-imagining law practice! A Chicago law firm that doubles as a coffee shop. Or is that a coffee shop that doubles as a law firm? You decide.

Read all about it here.

Also see below for another fascinating law firm, reputed to be LegalForce.

Here is a pic of the coffee shop style law firm... I think it looks brill twitter.com/PaulKingCEO/st…
— Paul King (@PaulKingCEO) February 13, 2013

The Good Law Initiative

Efforts are being made to simplify British legislation for the sake of people, businesses, politicians and even lawyers who struggle with incoherent and impenetrable law speak.

Read more in the Telegraph here.

Getting to Know the Client is the Biggest Challenge for BigLaw in Next 5 Years

Above the Law recently interview Larren M Nashelsky of Morrison Foerster, the law firm otherwise known as MoFo. What a cool name.

They put to Larren 10 questions; but here's what I regard as the most important and the most telling about where the high end legal profession is going in the next half decade. Above the Law asked:

"What is the greatest challenge to the legal industry over the next 5 years?"

Larren responds:

"To constantly demonstrate to clients the value of high-end legal services. In doing so, Biglaw needs to continue to push itself to better understand its clients’ business, culture, work style, industry, and markets. Then we need to use that information and knowledge to provide clients with, what in their eyes, is value."

See the interview in full here. 

Charon QC Law Tour Podcast: John Cooper QC on Social Media and the Law

John Cooper QC and Paul Chambers of #TwitterJokeTrial

Below are the blunt words of Keir Starmer QC, the former Director of Public Prosecutions (DPP). Why the bluntness? The former head of public prosecutions in England and Wales was obviously angered by the criticism delivered by experienced criminal silk, John Cooper QC (@John_Cooper_QC) who cast doubt on the newly published (December 19 2012) interim social media prosecution guidelines. Here's what he said:

“Well I don’t think John Cooper with all respect has seen anything like the number of cases I have. I don’t think he has thought about the sophistication of the issues. There are many cases…I mean he can point to one case [the Twitter Joke Trial]…yeah he makes a cheap point about one case. I've got to deal with the many thousands of cases that come in; I've got to deal with all the chief constables. So, yes, nice cheap point, but actually let’s get back to reality.”

The Big Four Challenges Facing the Legal Profession: Overheads, Market Liberalisation, Technology and Client Demands

The author of Tomorrow's Lawyer Richard Susskind (@richardsusskind) recently appeared on an episode of Bloomberg Law with Lee Pacchia (@leepacchia). Lee Pacchia asked: "What is the current state of the legal profession?"

The Barrister Trade is to be Liberalised

Ever since October 2011 the legal economy in England and Wales has seen some exciting new competitors emerge. Thanks of course to the 'Big Bang' moment brought about by the Legal Services Act 2007 - otherwise known as Tesco Law.

All the while the Barrister trade has remained static (bar a few developments such as Stobbart Barristers and myBARRISTER, an online barrister portal) and as we've seen, under attack from Lord Chancellor Chris Grayling and the Justice Department in Whitehall.

What Are Positive Effects of Social Media in the First Hours of A Crisis Like the Boston Bombing?

This was the question put to a panel of speakers on the April 19 2013 episode of Radio 4's 'Any Questions?' The special edition was hosted by Columbia University in New York, a most fitting location for such as discussion. You can hear the discussion in full here.

The Most Comprehensive Blog on Why You Need to Blog

Michael Gass (@michaelgass) has penned what I regard to be probably the best blog on why businesses need to blog. I could write about an essay on why businesses need to blog but in this instance it's best to make note of his Eweighty authority. Michael gives 10 core reasons why to blog. Here they are:

The Secular Lawyer: Seperation of Website and Blog

For me personally, I just knew this as of instinct: that your legal blog should be entirely seperate of your legal website. I felt it self evident. Though I was aware that many legal heads and law firms neither practiced this doctrine nor did they get it. I never wrote about it however; but I always felt it needed said.

That's where lawyerist.com comes in. Lawyerist founder Sam Glover digitally penned a piece in April 2013 called, 'Your Blog does Not Belong on Your Law Firm Website'. This built on a similar essay that dates back to November 2011 entitled, 'Get Your Law Blog Off Your Website.'

Riverview Law Lands Business Over Twitter

Tim Aspinall (left) first made contact with Karl Chapman on Twitter.

So it turns out that Twitter isn't just a time suck. It can actually work for your business; it can boost your bottom line.

Must Lawyers Be on Twitter?

Felix Salmon, blogging editor for Reuters.

[This post was originally produced as an opinion piece for Charle Christian's blog on Legal Technology. You can see the original here.]

Felix Salmon, one of the most esteemed bloggers writing online recently asked: ‘must investors be on Twitter?’