Some may view blogs as merely an online journal for lawyers to make rants (often anonymously and often humorously) of their working life or of the legal system in general. This is partially true, as shown by successful blogs such as Anonymous Lawyer or BabyBarista (I read the latter on a daily basis, I highly recommend it).

However, a number of law firms and lawyers have started to harness the power of blogs to market and publicize themselves.

Marketing Power

The blog is now attracting over 3,000 hits per day, in contrast to its newsletter predecessor which was reaching 3,000 people per month.

Blogs provide lawyers a platform to showcase their knowledge and expertise to the whole world, including prospective clients. Instead of waiting for months, or even years, to be published in a legal publication, lawyers can immediately blog on a certain legal point or discuss and link to other blogs.

It is becoming an industry standard for law firms to market themselves through client newsletters. However, you rarely, if ever, read a citation from a law firm newsletter in any online publication or blog. All the content you send out via e-mail or worse, through hardcopy newsletters, disappears off the internet grid very quickly.

Back in March 2005, Sheppard Mullin Richter & Hampton LLP, a large American law firm, converted its monthly client newsletter on antitrust developments into the Antitrust Law Blog. This blog is now attracting over 3,000 hits per day, in contrast to its newsletter predecessor which was reaching 3,000 people per month. In only a few months, this blog has established the firm’s reputation as the source of information on all international antitrust issues.

A blog acts as a content depository. It is searchable and archiveable, allowing visitors to look up articles of interest without having to wade through pages and pages of content. Since it is easy to link to blogs or specific blog articles, a lot of successful blogs gain prominence through links and discussions by other blogs; think of it as the internet word-of-mouth.

A case in point is Martin Schwimmer, an American IP attorney, who used his blog to market his solo practice. Setting up his own practice in 2001, and with no budget for marketing, he decided to launch the Trademark Blog to generate interest and publicity. With interesting posts discussing domain name hijacking or ambush marketing, Schwimmer successfully promoted his expertise which in turn generated new business. In 2006, half of his referrals were generated through his blog.

If people are reading what you are writing on a daily basis, and you are writing interesting things that are helping them understand how their business works, it is natural that they will want to contact you and harness more of your expertise. Similarly, a poorly maintained blog with infrequent posts will have the opposite effect in that the blogger will lose credibility and his audience will lose interest.

…Sentencing Law & Policy Blog has been cited in more than a dozen cases, including a dissenting opinion in a 2005 landmark decision by the US Supreme Court.

Judicial Recognition

Legal writing in blogs has also permeated into judicial opinions.

Professor Douglas Berman’s Sentencing Law & Policy Blog has been cited in more than a dozen cases, including a dissenting opinion in a 2005 landmark decision by the US Supreme Court (United States v Booker). Berman has been blogging about advancements in federal sentencing since 2004, and his blog is his most-cited work, and more widely read than any of his traditional forms of published scholarship.

Writing a blog encourages succinct and clear expressions, where ideas are expressed in a few paragraphs or even a few sentences. A blog further mitigates against having to trawl through footnotes and citations, since references are easily provided through hyperlinks.

This development of judges citing blogs can be explained by the fact that most judges, when they see carefully articulated logic in whatever form, whether in a law review, a publication or electronic form, are inclined to evaluate it and if relevant, cite it.

However, critics highlight that it is difficult to ensure the accuracy and credibility of such blogs since they are not peer-reviewed publications in which ideas must be qualified. The flip-side to this is that because the blog medium allows for exposure to, and scrutiny by, a wide international readership, it does not take long for inaccurate information to be found out. There is still the legitimate concern that a blog is too easily changeable or may cease to exist, and hence the reference would no longer exist.

However, critics highlight that it is difficult to ensure the accuracy and credibility of such blogs…

Blawg-ing in Malaysia

Will blogging take off amongst the Malaysian legal fraternity? I think it inevitably will, albeit at a very slow pace. The law blogging community is still predominantly American, with the United Kingdom following very slowly behind. However, with the huge marketing potential of blogging, it is anticipated that lawyers in Malaysia and around this region will start using blogs as a tool to promote themselves.

Only a small fraction of law firms here maintain a website. Not every firm or practitioner can afford to hire a company to design a corporate website for them. However, anyone can set up a blog in a matter of minutes, and with services such as Blogger, it is free to set up and maintain a blog.

Malaysian lawyers will still need to ensure that they do not fall foul of the Legal Profession (Publicity) Rules 2001 (“the Rules”) which covers publicity through the electronic media. A fine line may lie between merely setting up an informational blog covering the latest legal updates, which arguably does not fall under the Rules, and that of publicizing an advocate and solicitor’s practice or the practice of his firm. Client confidentiality will also have to be maintained.

I end off by listing out some recommended blogs, specially selected to demonstrate the variety of law blogs out there:

China Blawg: The Chinese law firm, Lehman, Lee & Xu, set up this blog focusing on Chinese law and business. It has 2 Malaysian lawyers sitting on their blog panel.

Corporate Law UK: It combines light-hearted humour with the latest developments in corporate law in the UK.

Human Law: One of the best UK law blogs, written by a solicitor, Justin Patten.

Adam Smith, Esq: This blog examines the continuing changes in the management structure of today’s law firms.

LexBlog Blog: Focuses on how to use blogs to market your law firm.

Impact: UK’s Freeth Cartwright LLP set up this exciting Intellectual Property and Technology blog.

Video Game Law Blog: Davis & Company LLP’s speciality blog covering all international issues arising from video game law.

Mr Grech told reporters in Melbourne that mergers and acquisitions were “a substantial area for potential growth”.

“We think there is a compelling case for us to be successful in consolidating the personal injuries market to begin with,” he said.

Slater and Gordon have already swallowed five smaller practices – worth between $1 million and $4 million – over the last two years as they expand interstate from their Victorian base.

Mr Grech said he hoped to double or triple the firm’s current client base of 20,000 although he did not set a timeframe.

Shares in Slater & Gordon opened at a significant premium when they began trading today at $1.32 compared to their issue price of $1 a share.”

The issue that jumped out at me is that with the conversion of a legal practice into a full-fledged business, with obligations to ensure profitability to its shareholders, would this not then affect the lawyers’ overriding duty to the Court (to constantly act as an officer of the Court) as well as the lawyers’ duty to their clients?

Andrew Grech, the firm’s managing director, had this to answer:

“But Mr Grech said the firm was well-prepared to manage potential conflicts of interest between its duties to the court and to clients on the one hand and now to its shareholders.

The practice has explicitly set out in its constitution that its primary duty is to the court, then to clients, and then to its shareholders.

As well, Slater and Gordon’s prospectus warns there could be times the firm will act contrary to the interests of its shareholders and short-term profitability in order to fulfill its duties to the courts and its clients.

“I don’t think being able to operate your business sensibly means you have to sacrifice the quality of the professional work you do for your clients and the way you deliver those service to clients,” Mr Grech said.”

This has attracted multinational companies such as IBM, Nike, ABN Amro to set up shop in Second Life. Therefore, it seems only logical for law firms and accounting firms to follow suit.

2. Use the microphone

The microphones automatically switch on once the Court is in session, so Counsel are advised to project their voices towards the microphone in front of them. It was recognised however that the microphone are positioned too low, so Counsel are forced to hunch or bend over to get closer to the microphones.

“…bring out your big guns, rather than your small arms…”

3. Importance of written submissions

It is common practice for the Court to direct parties to file in written submissions one month before the hearing of the appeal. Appellate judges do read those submissions. When reading the appeal file prior to the hearing, the judges would normally first read the Registrar’s letter setting out the brief nature of the appeal, then the Grounds of Judgment from the High Court, if available, then finally the Written Submissions.

Judges may read the Appeal Record, rarely cover to cover, and maybe only to check on certain facts.

4. Preparation of written submissions

When drafting the written submissions, make sure to disclose all the facts and the issues on apeal. When stating your proposition, support it using facts and case law.

Judges find it very useful for Counsel, when citing case law, to include a brief description of the principle of law expounded in that case. You may highlight a short passage or relevant sentences. Don’t leave cases hanging, only with the reference to the law journal citation.

5. When making your oral submissions…

First check whether the panel is aware of facts. Announce that you will be reading out the facts from the written submissions, and then continue unless interrupted by the panel.

From the outset, tackle the main issue/issues. In the words of Justice James Foong, “bring out your big guns, rather than your small arms.”

A comment was made on how some Counsel, from the start, will announce that they will merely focus on one issue. Such a move is usually appreciated from the appellate judges.

Allow me to digress a bit at this point. I have always found it difficult to confine myself to merely one or two points. We tend to be meticulous in our preparation, wishing to list down every single point in a hearing. Recently, in a case where I was presented with a multitude of defences which I could rely on, I forced myself to merely focus on 2 or 3 points, and abandoning the others. But it was still so tempting to list out all the defences and to elaborate on each and every one.

This reminds me of a passage from NH Chan’s Judging the Judges. He quoted from an article Cases in Court: “The ability to pick out the one real point of a case is not by itself enough; it is the courage required to seize upon that point to the exclusion of all others that is of real importance.”

Another quote from a different article stated: “You must consider all the many points that could be made. But remember this, in few cases, however complex, is there usually more than one point that matters. Very seldom are there more than two and never, well hardly ever, more than three. Discover the points that really matter. Stick to them and discard the rest.”

6. Body language

Another useful pointer was that inevitably, Counsel will be questioned by one of the panel judges. When answering the question, while maintaining eye contact with that judge, ensure that you also give attention to the other panel judges.

7. Role of the Chairperson of the panel

Justice James Foong further explained that the role of the chairperson was to be responsible for the conduct of the proceedings. It is usual for the chairperson to ask most of the questions, with the other panel judges maybe asking a few questions here and there.

This is the view as you drive up the road leading into the court complex. I can expect very heavy traffic flow during the mornings once the court is fully operational at the start of May.

Lawyers and members of the public, as of now, will have to park at the parking bays located right outside the court gate. Last I heard, all the parking bays within the court premises are reserved for the judges, and other court staff.

I took a walk around the court complex last week, and it is truly massive. The court is split up into 5 main levels, and a basement level containing the cafeteria and some filing counters for the subordinate courts. Finding the respective court rooms were relatively easy. I can imagine a real fight for the four lifts located in the lobby as the lawyers rush to the different courts in the morning.

Each of the court rooms are rather small, especially if you are used to some of the large hall-like court rooms in the present Commercial Division. All the Magistrate, Sessions and High Courts are of the same size. For the High Courts, judges will now hear lawyers for the chambers matters in a tiny room. Judges further have their own room as their chambers

Below is the layout of the Court. All the Sessions Courts are located in the left wing (purple section), High Courts in the middle section (light blue section), and all Magistrate Courts are in the right wing (navy blue section). You just have to hunt down the appropriate level the court is on. It is truly a long walk if you have a Sessions Court matter, and then you have to run to the High Court, or even worse, start a heart-attack trek from the Sessions to the Magistrate Court.

The Freshfields website states that it is reorganising its Asia practice by transferring its Singapore practice to Hong Kong. It will not have a firm in Singapore after 30 April 2007 and that discussions are underway to continue the relationship with Drew & Napier in a new arrangement.

The Practical Law Company was a little bit more direct in its reporting:

Outside the joint ventures, there is a wide array of foreign firms with a presence in Singapore. However, the majority do not have significant Singapore-focused practices and use the island as a hub for regional work, especially Indonesia-related finance and energy work.

For instance, it was reported that in relation to Australian law firms tying up with Singapore firms, partners from law firms were quoted as saying that the joint law venture and formal alliance structure was just not that attractive.

So where is the middle ground to be reached? On one hand, market restrictions still have to be put in place, ensuring a mutually beneficial relationship for local and foreign firms. On the other hand, foreign firms appear to want to have free reign in the carrying out of its legal services in a foreign jurisdiction. It is going to be a delicate balancing act of these two competing interests.

A short review of ‘Judging the Judges’ by NH Chan, a former Court of Appeal judge of Malaysia. As stated in the back cover, the main aims of the book is to enable readers to recognise what is justice, and to recognise the Malaysian cases in which justice had not been seen to be done, and to familiarise the layman of the judge’s craft so that he knows whether a judge has been fair and unbiased in the conduct of a trial. On these counts, I would say NH Chan was only partially successfuly in the writing of his book.

It is not one of the easiest books to get through. It is not for a lack of interesting material, but my main complaint would be in the structuring of the book. It seems that sometimes the author would go off on a frolic of his own and start writing about irrelevant material. The case in point is where the author suddenly plunges into a detailed account of his experience in flying as well as in motor racing, and explains the physics of skidding and how to overcome it.

The author was scathing in his attack on the judges of Adorna Properties…

The most controversial sections of this book is where the author disparages the decisions of Insas Bhd v Ayer Molek Rubber Co Bhd and Adorna Properties v Boonsom Boonyanit, in particular the then Chief Justice Eusoff Chin who sat on the bench deciding these two matters. While I will not bore you with the details of the two cases, the effects of the case of Adorna Properties still resounds until present day, as it allows a forger to forge the title of a piece of land and then sell it on. The purchaser of this piece of land would then get good title, leaving the real owner helpless. The author was scathing in his attack on the judges of Adorna Properties and it led him to conclude that it was the most outrageous injustice. Stronger words were further used in the book.

Overall, it is a book worth purchasing, only if to read the sections on Adorna Properties and Insas Bhd. I enjoyed the sections on advocacy as well, although there were a bit too many sections quoted whole-sale from other advocacy books, and the accounts of the the good and bad judges from England. The list price is RM48.

Brief introduction of the parties: Baker & McKenzie is a massive global law firm, with branches in virtually every leading legal jurisdiction. Boing Boing is a large blog, run very much like a weekly newspaper, linking to interesting stories across the internet.

Last year, in the leadup to the Fifa World Cup 2006, Baker & McKenzie issued a letter on behalf of its clients to Boing Boing as a pre-emptive warning Boing Boing to to prevent the dissemination of copyrighted video clips of the World Cup.

Boing Boing immediately posts its reply online. It may not be the most mature of replies, especially when it mischievously links to this story regarding the ‘saucy email shame of city lawyer‘, thus forever ‘immortalising’ Baker & McKenzie.

A google search using the terms “baker mckenzie” shows that the Boing Boing story is on the second page. More telling however, is that a google search on “baker mckenzie blog” reveals a number of blogs picking up on the Boing Boing story.

Is this a case where a firm did not take into account the nature of the blogosphere and the reaction that such a heavy-handed letter would generate. Still, there are others who theorise that the whole point of this letter was to generate added publicity on the enforcement of the World Cup copyright.

Undoubtedly though, this episode did generate negative publicity for the firm, both within the blogosphere and outside of it. I read somewhere that the The Times law section picked up on the story as well.