Defending People

the tao of criminal-defense trial lawyering

Blog for Profit. Please.

You’re going to the law book­store look­ing for some inter­est­ing reads. You browse the spines of the books, pick one, and pull it down off the shelf. It’s three hun­dred pages; every page ends with a call to action — “if you’ve been injured, call me.” Skim­ming the text, you notice that the words “truck acci­dent,” “lawyer,” “attor­ney,” and a few oth­ers are men­tioned over and over and over again. You put that book back and try another. It’s got more of the same, except instead of “truck acci­dent” it has repeated ref­er­ences to “DUI.” You’d be inter­ested in learn­ing about both top­ics, but the writ­ing with all those repeated phrases is hack­neyed, and you don’t care to be sold. That one goes back on the shelf.

The next book you choose has inter­est­ing infor­ma­tion with­out the mar­ket­ing; you put it in your bas­ket and con­tinue. After about fif­teen min­utes you real­ize that 75% of the books in the store are thinly dis­guised adver­tis­ing. The other books are what you’re look­ing for, but they’re hard to find, and it’s frustrating.

Will you ever return to that bookstore?

Car­olyn Ele­fant (My Shin­gle) this morn­ing endorses Grant Griffiths’s and Michael Martine’s Blawging Lawyers:

I won’t mince words — this is a pro­gram that is designed to show you how to use blawging for mar­ket­ing and client gen­er­a­tion.  And there’s no one more qual­i­fied to teach than Grant Grif­fiths, a for­mer lawyer renowned for rely­ing on his blog on his sole mar­ket­ing tool.

I’m famil­iar with the great blaw­gos­phere debate from a few months back over whether lawyers can or should blog for love (i.e., con­ver­sa­tion) or money (i.e., mar­ket­ing).   I never quite under­stood the debate because frankly, a blog designed for mar­ket­ing and a blog intended to stim­u­late con­ver­sa­tion are two sep­a­rate ani­mals entirely, just as self-help books fall into an entirely dif­fer­ent cat­e­gory than writ­ings by philoso­phers like Camus or Buber or Kant which on their most basic level also try to help indi­vid­u­als make sense of their place in the world.  Which genre is supe­rior?  Of course, I have my own views but mostly, it depends on what the reader wants.  Some­how, I’m not so sure that a lawyer who’s just lost a job will be up for plow­ing through Sartre’s essays to real­ize that even when things seem hope­less we all have a choice– he’d prob­a­bly pre­fer the breezy-easy-reassuring tone of the self-help book instead.

I’ll take it for granted that Grant and Michael are try­ing to pro­vide the blawgosphere’s equiv­a­lent of a self-help book. But that’s not what they’re try­ing to get other lawyers to pro­vide. They’re try­ing to get 250 lawyers to “blog for profit” — to cre­ate mar­ket­ing blogs. A blog, the pri­mary pur­pose of which is adver­tise­ment, is not a self-help book but an advertisement.

The point is that there’s room in the lawyer blo­gos­phere for all types of blogs and the exis­tence of one form doesn’t dimin­ish the other — or at least, it shouldn’t.

To the con­trary, Grant and Michael want lawyers to pack the law sec­tion of the vir­tual book­store of the blaw­gos­phere with thinly-disguised adver­tis­ing. Peo­ple read books (and blogs) for enter­tain­ment and edu­ca­tion; that’s all. Read­ers who have to win­now out many books-for-profit to find a few books-for-education or books-for-entertainment are not likely to return to the store.

While any fool with a few dol­lars can self-publish a book, Barnes and Noble is not going to put it on the shelf (unless said fool has fol­low­ers who are will­ing to buy all copies). The bricks-and-moreter book­store has bar­ri­ers to entry.

The blaw­gos­phere has no bar­ri­ers to entry. Any idiot can put up a blog, say what­ever he thinks will get him clients, and pro­duce a “hire me!” com­mer­cial of no redeem­ing value.

There is another approach to blog mar­ket­ing: blog for rep­u­ta­tion. Devel­op­ing a rep­u­ta­tion online is easy — even the bla­tant mar­keters are cre­at­ing rep­u­ta­tions for them­selves — but devel­op­ing a good rep­u­ta­tion requires con­tent and tal­ent. Kevin O’Keefe (LexBlog) thinks that devel­op­ing a rep­u­ta­tion through blog­ging is itself a pow­er­ful mar­ket­ing tool; I am dubi­ous about that point, but I think the blaw­gos­phere can only be improved by more tal­ented blog­gers writ­ing about the things they know with an eye to enter­tain­ing and edu­cat­ing, so I won’t argue it.

If you have some writ­ing tal­ent, some­thing to say, and some free time, you don’t need to pay some­one to teach you how to par­lay those assets into a blog that will enter­tain and edu­cate. There’s a world of advice avail­able to you for free, and the prac­ti­cal blaw­gos­phere wants you to suc­ceed. Write worth a damn, join in the con­ver­sa­tion, link to posts on the blawgs you like read­ing, and we’ll find your blog and spread the word.

One good thing about the bla­tant mar­ket­ing blawgs is that they give peo­ple writ­ing non­mar­ket­ing blawgs some­thing to mock. This can have high enter­tain­ment value (to us, if not to our read­ers), but it is very bad for the peo­ple doing the mar­ket­ing — some of the blawgs that will be mock­ing you have higher Google pager­ank than your lit­tle adver­tis­ing blog will ever have, and it’s easy to buy your­self a bad rep­u­ta­tion online (just ask Frank Pig­natelli). If Scott Green­field puts your name in the title of a blog post, for exam­ple, that post is going to pop up high in the search results for your name for a long, long time.

If you want to join in the con­ver­sa­tion and edu­cate and enter­tain your­self, the bar, and/or the pub­lic, then get a domain name, install Word­Press, and start writ­ing what you know. Write well, be patient, and the links will come. There is no short­cut — the only way to get noticed is to start writ­ing. If we were in this to turn a buck, you’d be com­pe­ti­tion, but since we’re not, you’re a col­league. So if you need help, drop a line to one of your favorite bloggers.

If, on the other hand, the idea of being held up to pub­lic ridicule appeals to you, then by all means blog for profit.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

6 Responses to “Blog for Profit. Please.”

  1. Feisty says:

    Excel­lent post, Mark, but I some­what dis­agree with your point that devel­op­ing a good rep­u­ta­tion online is a dubi­ous way to adver­tise. Sure, a legal blog might not attract clients who are in jail pend­ing trial (no inter­net access), are illit­er­ate, or are more inter­ested in a speedy res­o­lu­tion to their cases than they are in the qual­ity of their rep­re­sen­ta­tion. But edu­cated peo­ple accused of crimes and arrested too, and any­one who knows how to use a search engine and is con­sumed by his or her case (as most peo­ple arrested for the first time will be) will likely spend a sig­nif­i­cant amount of time doing research on the facts of the case, statutes, legal pro­ce­dure, etc.

    While they might first read your blog for infor­ma­tion or com­fort, if you make a good impres­sion and demon­strate a good track record of well-written, inter­est­ing posts, your chances of being retained will prob­a­bly be much higher. I’ve never gained respect for or rec­om­mended a lawyer because of his mar­ket­ing, but if I were in Texas and needed a crim­i­nal defense lawyer, you’d be high on my list because of the qual­ity of your blog.

  2. As a crim­i­nal lawyer, I’m bet­ting most of your clients can’t appre­ci­ate a well writ­ten book to read in the shit­ter. They’re sure as hell not going to browse blogs for a crim­i­nal lawyer when they need one.

  3. Mark,

    Do you really think that the blo­gos­phere is threat­ened by pro­mo­tional type blogs or that read­ers can’t tell the dif­fer­ence between blogs like yours, Scott’s, Brian T. and some­one who just posts head­lines on crim­i­nal law? You’re right, no one can teach lawyers to write the way you all do.

    Still, I have to admit that I do have a bit of pen­chant for some of the bet­ter marketing-oriented law blogs. For exam­ple, have you seen Leanna Hamill’s blog (she’s the blog­ger who is inter­viewed at the site that I won’t men­tion here because I know your pol­icy on URLs — here is here link http://www.lhamillattorney.typepad.com/ (but under­stand you can remove it under your TOS) I don’t prac­tice trust and estate law, but I find the blog to be very infor­ma­tive and I admire the flu­ency with which Leanna cov­ers her topic as well as the com­pas­sion­ate tone that’s evi­dent in some of her posts. I have to admit that it’s a treat for me to read the hand­ful of lawyer mar­ket­ing blogs that are infor­ma­tive and show­case the lawyer’s com­pe­tence and exper­tise. But then again, I also read tabloids at the check-out line — so you can take my com­ments for what they’re worth.

    • Mark Bennett says:

      Hi, Car­olyn. Yes, yes I do. The prob­lem is not in dis­tin­guish­ing between blogs that are edu­ca­tional or enter­tain­ing from those that exist only to pro­mote. The prob­lem is that the more work read­ers need to do to find those that are not purely pro­mo­tional, the less likely they are to read any blogs.

      I don’t find Leanna’s blog objec­tion­able. She’s clearly tak­ing a good deal of time to inform the pub­lic about her cho­sen field; she has both tal­ent and con­tent; and even peo­ple not shop­ping for a lawyer in that field would find her blog educational.

      What was Leanna’s pri­mary pur­pose in start­ing to blog? Was it profit or edu­ca­tion? If we blog to enter­tain and edu­cate, and hap­pen to make a few bucks along the way (like Kevin thinks we will), that’s great. If we blog to make the money, it’s highly unlikely that we’ll come up with any­thing worth reading.

  4. Robert Guest says:

    Great post. I wish I came to this argu­ment with clean hands, but I sold out to big search when I left blogspot. There is some­thing pure about Grits, Sim­ple Jus­tice, and DP, you guys are still on the gratis blog host­ing ser­vices. That’s instant street cred. My blog’s long SEO friendly title feels like a Scar­let Letter.

    I’m not here to knock Jus­tia, they’ve done every­thing I asked. I have a larger audi­ence, and my site looks a lot bet­ter. Cus­tomer ser­vice is excel­lent, they are respon­sive and pro­fes­sional in every way. I like to think I have kept my blawg soul while out­sourc­ing the daily main­te­nance of my web site.

    In the end, con­tent is all that mat­ters, and profit blawging can’t pro­duce content.

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