Defending People

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Lethal Generosity Revisited

I wrote last Novem­ber about Lethal Gen­eros­ity in the Legal Pro­fes­sion, my the­sis being “that the most gen­er­ous mem­bers of the crim­i­nal defense com­mu­nity are the most cred­i­ble and influential.”

I was talk­ing then about shar­ing infor­ma­tion and motions amongst criminal-defense lawyers.

But it’s become appar­ent to me that the prin­ci­ple applies in the online mar­ket­ing con­text as well. (Sorry, Scott, we all mar­ket our­selves. The ques­tions are: 1) how eth­i­cally; 2) how con­sciously; and 3) how well). The lawyer who is gen­er­ous with her hon­est praise of other lawyers is going to get more pos­i­tive atten­tion than the lawyer who runs down what he per­ceives to be his com­pe­ti­tion.

(A digres­sion: John Floyd, Jack Car­roll, Don Becker, Tyler Flood, Wayne Hill, Todd Lef­fler, Dan Cor­ri­gan, Doug Durham, Dane and Leslie John­son, Den­nis Slate, Larry Dou­glas, Dan Ger­son, Jeff Purvis, Mek­isha Mur­ray, David Bre­ston, Paul B. Kennedy, Joe Sal­hab, and Cyn­thia Henley—all of whom Andy Nolen bad­mouthed for the sake of his own Yahoo rat­ing—are not Andy Nolen’s com­pe­ti­tion. All of the lawyers I’ve listed try cases; Andy doesn’t. The only area in which Andy could pos­si­bly com­pete with any­one on that laun­dry list of fine lawyers is price; you get what you pay for. If he thinks he’s com­pet­ing with them for the same cases, he’s delusional.)

Avvo gives a good exam­ple of the value of praise: there, one lawyer can endorse another; he can’t do what­ever the oppo­site of endors­ing is. If I endorse you (assum­ing that I can truth­fully do so), it helps you, and it doesn’t cost me any­thing. In fact, if I endorse you on Avvo, the endorse­ment is linked to my own Avvo page, so I might get more eye­balls (some­thing not every­one wants) on my own profile.

Sim­i­larly, if I link to your blog, with no expec­ta­tion of a quid pro quo, it doesn’t cost me any­thing, but it helps you. And if you do decide to rec­i­p­ro­cate, or if as a result of my link you find Defend­ing Peo­ple and dis­cover some­thing worth link­ing to, I might actu­ally benefit.

I can’t pos­si­bly lose from mak­ing my col­leagues look good. This assumes, of course, that they are good. I can lose by endors­ing some­one who does a mediocre job. I avoid that, so that my endorse­ment actu­ally means something.

Be gen­er­ous, and the world will be gen­er­ous with you.

Con­trast the no-lose results of gen­er­ous praise to the result that Andy Nolen got by astro­turf­ing: noti­fied of the fraud­u­lent reviews ben­e­fit­ing him, Yahoo has deleted those reviews. So the desired effect will van­ish. Fur­ther, Google “Andy Nolen” today, and the third result is “Andy Nolen: Total Fraud?”. Why? Because some of the peo­ple who write blogs get pissed off by a lazy per­son who tries to sab­o­tage other people’s rep­u­ta­tions instead of build­ing his own, and they write about it. If that’s the kind of result you’re look­ing for, then by all means cast asper­sions on your fel­low lawyers.

You’ll give me some­thing to write about.

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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

5 Responses to “Lethal Generosity Revisited”

  1. shg says:

    Well that wasn’t very gen­er­ous to me. And it’s not quite accu­rate, since mar­ket­ing as col­lat­eral con­se­quence of activ­ity done with­out mar­ket­ing pur­pose is only mar­ket­ing as part of a marketer’s self-serving def­i­n­i­tion. It’t the intent of the actor, not the unin­tended con­se­quence, that defines con­duct. We do not all market.

  2. Larry Standley says:

    What is slander?

    1)
    A ver­dict of “guilty” pro­nounced in the absence of the accused, with closed doors, with­out defense or appeal, by an inter­ested and prej­u­diced judge.
    — Joseph Roux

    2)
    The wor­thi­est peo­ple are the most injured by slan­der, as is the best fruit which the birds have been peck­ing at.
    Author: Jonathan Swift

  3. Jdog says:

    Yup. True for any trade/profession/thing. All sorts of ben­e­fits to giv­ing out hon­est, legit praise — and some of them fall on the bestower. This is a fea­ture, not a bug; virtue need not be punished.

  4. I’ve always thought that the entire defense bar — and, more impor­tantly, its clients — ben­e­fits when briefs and other infor­ma­tion are gen­er­ously shared. My ideal work­day would end in the style of a Boston Legal or Rais­ing The Bar episode, with attor­ney friends sit­ting around shar­ing war sto­ries and dis­cussing ideas over a drink or three.

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