For lawyers who love to write, keeping a legal blog is a terrific way to play around with ideas, explore the wrinkles and crevices in one’s chosen area of law, and engage with like-minded colleagues, regardless of geography. It also makes for better lawyers. The regular engagement with ideas and new developments necessary to maintain a blog ensures a high level of awareness of everything going on in one’s area of practice. Nonetheless, many attorneys hold off on blogging out of concern for legal issues that may arise.
1. Attorney advertising rules likely don’t apply to your blog. Regardless of the broad language your state bar rules use, they are constrained by the First Amendment. And under the First Amendment, those advertising rules can only apply to what’s known as "commercial speech." What’s "commercial speech"? It’s speech that has the primary purpose of proposing a commercial transaction. In other words, advertising. So unless you are using your blog to advertise your services, the Rules of Professional Conduct relating to advertising do not apply.
