Document Type

Article

Publication Title

Loyola University Chicago Law Journal

Abstract

Lawyers are blogging. As of October 16, 2009, the website Blawg.com tracked 2,788 legal blogs ("blawgs"). Another blawg directory compiled 4,622 blawgs in 69 substantive categories. When lawyers communicate, by whatever medium, ethical dilemmas arise; when lawyers blog, ethical dilemmas arise that are unique to blogging. The most visible ethical debate inspired by this new genre is the issue of whether to treat a lawyer's blog as advertising. Surprisingly, given the popularity of blawging, there are few resources addressing the full range of its ethical ramifications. This Article applies genre theory to blawging in order to highlight certain characteristics of the genre that can pose ethical temptations. This Article then discusses the potential ethical problems in terms of the Model Rules of Professional Conduct in order to determine whether certain blawg behavior could violate the Rules. This Article draws upon empirical analysis of the ABA Journal Blawg 100.

First Page

221

Last Page

262

Publication Date

Fall 2009

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