This is a fasciniating read for attorney-bloggers. A hospital had turned over an incident report that had certain facts about a Virginia wrongful death case that it didn't want to become public.

The plaintiff's attorney, Avery Waterman, of Newport News, Virginia, blogged about the case. The hospital filed a bar complaint (!) and some sort of "emergency motion" about the blogging.

Ruling: you can blog about whatever you want... the incident report was voluntarily given up and there is no prohibition on what the attorney did.

Here is the transcript of this very interesting hearing about attorney blogging.

Ben Glass
Ben is a nationally recognized expert in attorney marketing and the owner of Great Legal Marketing.
Fascinating hearing, loved the bit where the defense attorney said that he did not want to see the transcript up on the blog. As a plaintiff's lawyer, part of me thinks that this is an excellent idea. We spend so much time time hurdling over unnecessary and unwarranted roadblocks to getting discovery we are entitled to so that we can get to court only to find that the defense lawyer is trying to impress the jury with how "reasonable" he is. The more that the public, our eventual jurors get to see what goes on to get a case to trial, the less credible that behavior will be.
by Barry Doyle March 14, 2010 at 12:35 AM
Post a Comment