Don't forget to WAIT

Why Am I Talking?..

"WAIT"

You might have come across this acronym at a coaching or training session. It is basically a reminder that we don't always talk because we have something which needs saying. Instead it may be to fill a silence, to seek attention or for any number of other reasons.

WAIT is also a prompt to stop talking sometimes and actually listen to what others are saying.

It is a good concept for the spoken word, but it should also apply to social media with one small alteration:

"why am I typing?"

We have all seen that tweet or blog comment which makes our blood boil and seems to demand a reaction. For me it tends to be poorly informed lawyers writing about social media.

The gut feeling can be right as Jason Fried and David Hansson point out in their excellent book Rework - sometimes "picking a fight" is a good approach (at least online):-

"being the anti-______ is a great way to differentiate yourself and attract followers."

Often though, the best it will achieve is a flame war which drives up your blood pressure and alienates your followers. At worst, you may find an ill considered comment comes back to haunt you with professional consequences, a defamation claim or even criminal proceedings (as covered here by Jack of Kent).

Listening is also just as relevant to social media. I don't know if there is an ideal ratio, but it is difficult to over-listen. It isn't much fun following someone who just broadcasts their own opinions and doesn't listen to or engage with others.

So in social media (just like in real life) it can pay to think WAIT...

Other iPad lawyers

As well as writing about my own experiences of the iPad, I have also been keeping an eye on what others have been blogging about its suitability for lawyers. A quick roundup of the highlights so far:

Jason Plant has changed tack slightly on his No Option for Law Firm blog with a post entitled Stop printing your emails… the iPad's a game changer. Using Adobe Acrobat to turn his email inbox into a PDF folder for viewing on the iPad is a pretty creative idea - although I won't be able to try it without investing a hefty sum for Acrobat 9.

@ljanstis (a new Twitter followee of mine) has also shared his experiences in the iPad and legal practice on his Work Life Law blog, which highlights some interesting drawbacks and benefits. Apparently the most was inspired by an earlier piece by @neildenny on Lawyer1point9. and my own (much less eloquent) ramblings.

Finally, I also stumbled on a higher profile review in The Times by the eminent legal expert Richard Susskind (will lawyers find the iPad useful?). This was probably the least useful contribution and would have been a lot more relevant if it had been written by someone using the iPad in legal practice. For example, anyone who has followed my posts will see that using Pages to edit legal documents (as Susskind suggests) is pretty much a non-starter. Unfortunately, the moderators obviously didn't agree with me and my comment to this effect has ended up on the Times moderating room floor.

I'm sure there are other UK lawyers blogging on the subject so if you know of any then please give me a shout so I can include them!

Is law a creative profession?

A combination of two things inspired me to ask the question.

Jay Shepherd started me thinking about it by asking whether lawyers are artists or labourers. His post started me thinking about creativity, but it isn't actually about that, but about whether lawyers should be paid by the hour for their labour, or whether like artists they should "get paid by the result — by their creation".

The concept floated around in my mind until a few days later, when I was re-reading Stephen King's On Writing - a memoir of the craft. 

Available on Amazon here, this is King's book about his "day job":- language and writing. I like Stephen King's writing so I was an easy sell for this book. I am fascinated by his description of the writing process, but I also think it is a useful little style guide for any writer.

This is the third time I have read it, but the first since I started writing this blog. It struck me that most of his guidelines are relevant to bloggers.

"Omit needless words" (taken from The Elements of Style) is a good starting point, but follow that up with:

"If you want to be a writer [or blogger], you must do two things... read a lot and write a lot."

I don't know if King would look down on bloggers (I hope not, but On Writing is a great resource for them regardless), but my own view is that blogging can be classed as creative writing.

Wikipedia defines creative writing as that which "goes outside the bounds of normal professional, journalistic, academic, and technical forms of literature...". 

Some legal blogging is basically professional literature, but the more interesting blogs I read definitely meet this test:- they step outside this to play with ideas, concepts and language in a way that a law firm press release or legal update would not.

More importantly to me it just feels like a creative process in the way which drafting a Share Purchase Agreement (for example) doesn't. It's hard to say why this is. My gut feeling is that despite the absence of plot and characters you are still pulling together strands of an idea from somewhere and communicating it to your audience as best you can.

One thing I have learned is that being an expert in legal drafting does not help your creative writing. There is a lot of legal drafting and writing out there which is just plain bad, but even the good stuff tends to be focused on precision, certainty and avoiding risk rather than any kind of style. Not that this is a bad thing (this is what we are getting paid for), but it doesn't encourage creativity and it can make it hard to switch gears and write in another style.

I wonder if this is why lawyers (or some of them at least) seem to be such enthusiastic bloggers... it gives us an outlet to write more creatively without having to worry about how our language will be interpreted by a Court?

I would love to hear from some other legal bloggers on this.

Is this kind of creative freedom a factor for you, or is your blog just another aspect of your marketing? Or do you think that law is a creative profession already... that drafting that perfect clause or finding an elegant solution to a client's problem is quite satisfying enough?

UKBlawgRoundup Easter 2010

Welcome to the second edition of UKBlawgRoundup.

The theme of the roundup is "new beginnings". Given the season, you might expect the usual Easter cliches, but instead I have for you a fine crop of newly hatched legal blogging projects from around the UK. The only gambolling lamb is this rather tasty looking Czech sweet pastry one.

Easter lamb image copyright Chmee2

Where you live, the first sign of spring may be the emerging snowdrops or birdsong on a cold, crisp morning.

Wirral Egg Run 2010 by Jon BloorRound here it is the tell-tale haze of high grade mineral oil and the creaking of leather, which heralds the annual Wirral Egg Run. As ten thousand plus bikers polish their helmets and dust off their bunny outfits ready to ride across the Wirral peninsula and deliver a mountain of Easter Eggs to the children at Clatterbridge Hospital we know that winter is over and spring is on the way.

So, as the first daffodils begin to bloom outside, how have the UK's legal bloggers been keeping their typing fingers warm in the long, cold months since Michael Scutt's inaugural roundup was published at the beginning of this year?

Paul Hajek has been analysing Tesco's new venture into estate agency, iSold, on the Clutton Cox Blog in a smooth full bodied post, with a rounded finish and a trademark hint of acidity:- Wake up and smell the Tesco coffee.

Paul also represented UK blawgers in a fascinating Twitter interview with 22Tweets where he revealed amongst other things that he has "been an oppressed minority virtually all his life" (including, most recently as a sole practitioner solicitor!). The transcript of Paul's interview can be found here. Having been interviewed for 22Tweets myself I can thoroughly recommend it if you get the chance.

Neil Denny also picked up the iSold story on his Lawyer1point9 blog in a post which gave rise to an impressive amount of debate (46 comments at the time of writing). Does iSold mean that supermarkets could make a success of Tesco law or is it another false start? You will need to read the post to find out, but Neil's conclusion to From Tesco Estate Agency to Tesco Law is a warning to solicitors:

"the future is coming. Please try to stay awake while it happens"

Jon Busby also waded into the fray on his new and revamped Legal 2.0 blog and poured a little cold water on the fires of the Tesco Law panic... he doesn't believe that "the ROI is there yet for a major invest, and certainly not in-house" and that solicitors may not need to be measured up for their blue and white uniforms for a year or two yet. 

Jon's blog is always an interesting read with some "horse's mouth" views on what the big brands might actually roll out come 2011. Whether or not you agree with him, his blog is certainly looking very tasty following its redesign!

Finally, and closer to home, the Liverpool Law Society blog looks at how the big brands might feel about referral fees once the Legal Services Act 2007 allows them to fully enter the legal market: "Won't they see the buying of work as part of the normal world of business?".

I'm sure there will be a lot more Tesco law debate to come over the next couple of years, but for now I will trundle the wonky wheeled Peninsulawyer trolley onwards and look at some other blawgs.

Darren Sylvester of Interalialegal drew my attention to another new development:- the introduction of English language tests for Bar School applicants. As a simple solicitor I was surprised to hear that prospective barristers turn up at bar school unable to "speak fluently", but apparently the Bar Standards Board have found that this is a real issue. Read his post (assuming you are not a student barrister without the necessary language skills...) to find out why.

You can't get much fresher than the first post on a brand new blog, which is what Michael Scutt has kindly provided just in time for this roundup.  His new blog on UK legal services deregulation There May be Trouble Ahead...  kicks of with a post titled Lets Face the Music and Dance asks the question

"who would want to buy into a law firm?"

This is one of best kind of posts: those which ask some intelligent questions, but leaves the answers open for discussion rather than reaching a glib conclusion. If you have views on what would attract investors to a law firm then this is the place to join in the debate. Michael's Jobsworth blog is still alive and kicking too...asking whether fit notes are "fit for purpose".

External investment in law firms is a hot topic with other UK blawgers too, and I'm guessing it will remain so in the run up to implementation of the Legal Services Act 2007.

You can rely on James Dunning to provide a fresh perspective on issues like this on his An Inside Take from the Outside blog. James's recent post looks at what partners and firms might lose by listing on the stock market or raising external investment (spoiler alert: you sell your business the moment you invite in external investors looking for a return). The comparison with the Kraft takeover of Cadbury is very apt - as is the title of the post: Sacrificing Legacies.

Shifting from law firms to in-house counsel and another new beginning: Melanie Hatton's new In-House Lawyer blog. Melanie is blogging to "share my experiences and nuggets of wisdom as an in-house lawyer". She has been doing a great job so far,  covering subjects from a run down of the legal challenges facing Google to 5 Best Practice Twitter Tips for In-House Counsel. If you interested in an in-house lawyer's perspective in 2010 then add this blog to your RSS feeds.

Ask Andrew Murray and he will tell you that new doesn't always equal good. His recent The IT Lawyer post on the Digital Economy Bill entitled Intimidating; Anti-Business and Unlawful lives up to its title with a scathing attack on "the digital economy bill for dark ages". Andrew asks how alleged infringers will be able to prove their innocence (as they may have to do if the bill becomes law) and how can possibly comply with article 6 of the European Convention on Human Rights.

Peninsulawyer note:- For what it's worth I wholeheartedly agree; if you haven't already done so please consider contacting your MP using the excellent 38 Degrees service to push for a proper debate on the bill.

Clarinette's blog has also been looking at copyright legislation and internet privacy with a comprehensive roundup of her travels around the UK attending events like the IPKat Google Adwards Trademarks Seminar and the Counter 2010 Conference in Manchester. Take a look at her What a Week! A weak copyright! post for the full itinerary.

Easter Daffodil - Jon BloorLinda Cheung has been stealing my thunder on the Connectegrity Blog by posting her own Spring roundup of interesting web nuggets. I particularly like the fact that Proctor & Gamble are instituting a bring your laptop to work scheme as their younger employees would rather use their own technology... if only I could ditch the Dell and use my Mac in the office!

Earlier in the year, Connectegrity also posted the notes of an interesting conference call between US social media guru Adrian Dayton and two of our home grown stars, Brian Inkster and Chris Sherliker. The transcript of the how UK Lawyers are using social media call is here if you missed it the first time around.

Over at Ramblings of a Scottish Student, there is a new beginning for Oliver Smith who has negotiated the Byzantine workings of the scarily named "deviant timetable committee" to get back to university and knock two years off the time to graduate from his law degree. Exciting news indeed!

Few new projects compare with starting a new book, which is what Shireen Smith at Azrights' IP Brands Blog is doing. After looking at various options for publication of "The New Rules of Brand Protection" Shireen has decided

"to write my book by blogging it gradually"

This will be an interesting project to keep track of over the next year or so as Shireen will be taking advantage of the blogging format to "invite other lawyers, brand owners, writers, bloggers, interested individuals, anyone to follow along, and to contribute to the process".

Tessa Shepperson also has a new project on her Landlord Law Blog looking at the urban myths which surround the landlord and tenant relationship. Depending on whether you are a landlord or a tenant you may or may not be happy to find out that landlords are not entitled to go in and take a tenant's possessions if they are in rent arrears. 

If you rent out a room (rather than a whole house) Tessa's other Lodgerlandlord blog has some useful tips on how to get rid of deal with problem lodgers. Personally I have always favoured the PassiveAggressiveNotes approach, but each to their own!

I always try to keep up with CharonQC's blog (which can be hard as he is probably the most prolific writer on my blogroll), and I was interested to see that he is laying waste to his surplus social media accounts. New social media services seem to spring up every other day and I wonder whether this "paring down" to the most relevant (Twitter and the blog were the only ones granted a stay of execution by CharonQC) will become a growing trend? On the subject of Easter posts... look out for CharonQC's annual Urbi et Orbi Easter proclamation next weekend, which should be an entertaining read.

Somebody else keen on terminating technology with extreme prejudice is Jason Plant at No Option for Law Firm. This time email is in the firing line for the performance and storage issues caused by the lawyers who don't subscribe to the Inbox Zero credo and the "time sucking controlling nature of the stuff...". Email, hate the stuff! is his take on the problem and he even promises the solution in a future post, which I will definitely be watching out for!

Travis the Trout is another lawyer blogging about new beginnings... a new paralegal job which she seems to be enjoying. Updated with a frequency which puts some legal bloggers to shame (well me, anyway) the blog has a great mix of content... including pointing me to this great Downfall take-off video about Alistair Darling's budget hike in cider duty. I enjoy the blog for its own sake, but it would also be a good read for anyone starting out on a career in the law. 

If your own new beginning includes setting up your own law firm, there is some good advice on Peter Blair's blog A Pitch for Common Sense. Peter offers some solutions to the problems facing modern law firms in his 8-step summary of the constitution and governance of an ideal law firm. The Very Model of the Modern Law Firm... has lots of tips for anyone involved in law firm management, but there is one which I think many lawyers would do well to remember:

"don't be afraid to change your mind or to try something new. "All change is bad" is a mantra that has no place in any good organisation"

One final, and very exciting, new beginning. Familoo at the Pink Tape blog has had a "blawg baby" who has already been the subject of his first blog post (on avoiding sibling rivalry): Baby Choo Point Oh. I am seriously impressed that the blog is up and running again a mere three weeks later... the sign of a seriously organised and committed blawger!

On that happy note, I will leave you all to enjoy your Easter long weekends. Thanks for taking the time to read this roundup - I hope it has given a flavour of the variety of legal blogging going on in the UK, and hopefully introduced you to at least a couple of new bloggers.

Don't forget to look out for the next roundup in three months' time - check out the UKBlawgRoundup site for details or follow UKBlawgRoundup on Twitter.

Cadbury Kraft Mini Eggs... here I come!

UK law blog of blogs

Peninsulawyer will be hosting the Easter edition of the quarterly UK legal blog of blogs... the theme will be "new beginnings".

This is a project which a few UK legal bloggers have put together to promote UK law blogging and bloggers... and hopefully encourage others to join in.

Please let us have your posts for submission by 17 March at the latest. Details of the blog carnival and links to submit your blog posts are in the widget below. You can also follow the link to add the widget to your own blog and promote the project.