Lots of us are lawyers, as has been noted a few times before. Not surprising, really, given the natural association between law, public policy and logorhea. I certainly enjoy reading many of our resident counselors' posts, but I've been properly brainwashed to appreciate legal thought- even when manifested in a drunken 2 a.m. flame about how Jane's Addiction ripped off old Sisters of Mercy stuff. But I also get a feeling that the non-lawyers around here get a kick out of us too- at least when Judge Judy isn't available.
And to me, this raises a few ethical questions. I'm hoping that this diary can be a little bit of a place for lawyers to do a little introspection about what it means to actively blog when one is an attorney.
Right off the bat- I assume that nobody here would do anything which violated their Rules of Professional Conduct and I'm absolutely not suggesting that anyone here would do so- and I kindly ask that you share my assumptions, however naive, for the purposes of discussion.
For starters:
Does (should) it matter if we identify ourselves as lawyers in our posts?
Does the subject matter of the post make a difference?
Does posting anonymously change your responsibilities as to the content of the post?
What if your post is anonymous, but a look at your prior comments shows that you are an attorney?
If the fact that you are an attorney is known to your readers, do you ever censor yourself (i.e. avoiding sarcasm or humourous exaggeration) just to avoid possibly creating a misapprehention about the law in a layperson?
Do you ever feel a responsibility to post just to clarify a legal issue misstated in another post?
Do you dumb down your posts for a lay audience?
If so, why?
Is it fair to you or the audience?
Do you ever feel like your ability to engage in a blog based political conversation is hampered by your understanding of your own RPC?
Is this justified by public policy or a travesty against the principles of free speech?
My answers: No, Yes, Yes, You're out of luck, Yes, Sometimes, Yes, the better part of valor, No, Yes, Yes.