Blogging Rules?


I am amazed at a number of bloggers who now have rules to post. I like some of the rules I read about, and heaven knows they make sense, but quite frankly,, some of them don’t at least to me.

I agree that an attorney shouldn’t generally write about a case as it is on going,, unless you say something like I’m in trial in Houston in a civil case. My goodness, any person who knows anything can look up my name in the official county computer system and see plainly as a matter of public record exactly what case, what court and what time the trial is. They can also call the court and ask,, they can even go down to court and believe it or not,, watch the proceedings live.

Something about open courts doctrine,, meaning the courts of this land shall be open to damn near anyone who wants to view the proceedings.

I suppose in the old days, the town crier let everyone know what kind of case was going on down at the courthouse,, who is on trial and maybe even who has testified so far. It only takes a minute to turn on any TV station,, i.e., Fox, CNN, HLN, CourtNews,, etc., to hear as nauseum the trial of the day,, the “expert” TV commentator telling all who don’t know everything about the trial of the day. We read about it in the newspaper,, hear about it on radio and see it on TV.

My point is this,, sometimes, the news about a trial is public,, so I can tell, if I want, I’m in trial in Houston.

Now then, I should never tell my client’s name. My client’s story, my client’s witnesses, my client’s secrets,, my trial strategy, or any attorney / client secrets.

After the trial, I will tell, of course that we got a not guilty, or that the jury found for my client in an injury case,, but I will not release the name of my client, nor will I release details of the settlement agreement,, unless the client, the parties and the court say I can.

I did a mediation the other day and wrote I’m going to Houston to participate in it. The case mediated successfully. So what? It’s now information that is out there in cyberspace and if someone wanted to look hard and long enough,, someone could find out the parties, the mediators name, the settlement agreement and so forth. I don’t know why anyone would care,, but it can be done.

In fact, even if you never mention anything or blog about your law practice,, I can go to the clerk of the court and look up your name as an attorney, find out the cases you are involved in and actually get the next court date you will attend and the name of your client. I could then run a TDL check and find the address of your client or if necessary hire a PI to find your client.

I can go to the court and after finding the case number,, request just to look at the file and see what documents you and your opponent have on file, go to your website, find out about twitter, Facebook and your blog and maybe know more about you than a lot of people would ever care to know about you, your clients or your case.

So here’s what I say,, public information is public information,, there ain’t no way to hide it. I agree an attorney should not tell about an ongoing case, or tell secrets.

What I’m saying is this,, in today’s technologically inclined society,, information can be found out about anyone, and anyone’s habits, interests and employment.

There ain’t no privacy anymore. I will tell interesting stories and continue to write. I will share my truths with those who want to read it,, otherwise we all need to destroy all our computers, our cell phones, and take down all ads, all websites, and get rid of all credit cards, etc.,

May peace by with you in all your daily activities and may you find happiness in your life,, regardless of who is watching.

Peace.

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