By Dr. Ken Broda Bahm (Really):
In the early years of the Persuasive Litigator blog, I used to receive friendly inquiries from time to time from people who were interested in writing the blog for me — blog ghostwriters. Lately, however, those messages from ‘the other side’ have tapered off, and it appears they now get that I’m doing it myself. That is correct: For every post that bears my byline, I have selected the topic, found the research, located the links, and gotten all the nouns, verbs, and articles to play nicely together. I even find, and in this case edit, the royalty-free images. Sherrie Zion expertly proofs every post, and follows up with me when I appear to be using a language other than English, but aside from that, it’s all me — no ghosts needed, thank you very much.
That approach, however, does not describe all legal bloggers. Sites like this one are only too happy to write your blog for you. It isn’t cheap: One source indicates that my pace of twice-weekly posting would cost around $22,000 per year if I outsourced it — and that is for having the content written by someone I don’t know. But by all appearances, there are still buyers. And we can expect the trend to continue. As law firms are increasingly hearing that they need a blog, law firm marketers and busy lawyers are trying to figure out how to do it. Just in the last couple of years, it seems, there has been a subtle shift from “Would there be an advantage in having a blog?” to “Holy smoke, there is now a disadvantage in not having a blog.” And that motive to treat a blog as an unfortunate necessity is what drives the trend toward ghostly outsourcing. But it is a move that is, and should be, more than a little spooky to named authors and readers alike.
A Spirited Debate About Legal Ghost Blogging
Legal bloggers tend to take a predictably dim view of ghostwritten blogs. In one much discussed incident, Seattle Trial Lawyer, and The Velvet Hammer blogger, Karen Koehler went so far as to publicly “out” the unfortunate ghostwriter who tried to hit her up for business, and temporarily at least, name some of the law firms who used this writer. That post and others like it led to a number of discussions on LinkedIn and in the ABA Journal. While these arguments will provide you with an interesting read, they generally break down to these themes:
Opponents of Ghost Blogging:
- Ghost blogging is misleading at best, which is a bad business practice.
. - Ghost blogging is unethical at worst, since the attorney is advertising in a dishonest manner.
. - The point of having a blog in the first place is to build relationships, which a ghostwriter cannot do.
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Proponents of Ghost Blogging:
- Attorneys are simply too busy to do a good job on a blog and to remain a good lawyer at the same time.
. - Incomplete author disclosure is nothing new in law: Clerks write judicial decisions, associates write partners’ briefs, and marketers write proposals.
. - As long as the attributed author reviews and signs off, there is no harm.
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There may be room for disagreement, but I have got to come down on the side of the opponents. Yes, working in law means being busy. But every attorney and every other legal professional will still take part in some activities that promote professional development, improve your brand, and add to your list of connections. If a blog is one of your chosen ways to meet those goals (and that is a big “if,” see #3 below), then you make time for it. The point of authorship, I’d argue, is more important for a blog than it is for more formal legal writing like briefs, proposals, and orders. Not because the blog itself is more important (it isn’t) but because it is a more personal form of engagement. You read, not just to learn something, but to hear from someone, so naturally the identity of the someone matters. Attorneys who give in to the convenience of a ghostwritten blog are sacrificing the best reasons for having a blog in the first place. Without the advantages of self-education and engagement, the ghostwritten blog is just a risky and expensive diversion.
So, here is what I’d say to the aspiring law blogger who is looking at the prospect of paid help.
1. Exorcise the Legal Blog Ghostwriter
If you are going to blog, then go ahead and embrace the advantages of personal involvement. Picking your topics, choosing your focus, putting your thoughts to words — call me crazy, but part of it would be rewarding even if there were no readers. As blogs are increasingly viewed and promoted as something that every firm needs to have, it is obvious that the market is going to get very crowded. And in that crowded market, what is going to get noticed? Quality, uniqueness, and a personal voice: The very features that a ghostwriter is least likely to get you.
2. Avoid ‘Pseudo Ghostwriters’ As Well
Aside from the overt ghostwriter relationship of “You’ll write something and I’ll put my name on it,” there are more subtle ways the advantages of a blog can be lost through too much help. For example, if your blog is driven by the marketing department, that is a problem. Marketing people know marketing, not your own personal specializations, preferences, and ways of looking at the world. If marketers play too great a role in selecting and shaping your content, then at a certain point, it isn’t your content. The same goes for delegating your writing to associates or research assistants.
3. Being Blogless is Better Than Hosting a Ghost Blog
Another way your blog can be a ghost is if it simply doesn’t have enough updates. During its first year, Persuasive Litigator (then, Litigation Postscript) was that way, and it was literally more trouble than it was worth. Having to write a post was an irritating interruption, so I decided that we would either have a truly active blog, or we would have none at all. Not everyone has the time or the disposition for an active blog, and those who don’t should have none at all. They should embrace other ways of outreach and education. Want to write something occasionally without the commitment of a blog updated at least weekly? Write for a source that frequently seeks out guest authors, like Deliberations. The social media mavens all say you need a your own blog, but it isn’t worth it if it is only rarely updated, and it isn’t worth it if it isn’t truly yours.
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Other Posts Touching on Blogging:
- Mix Creativity With Dogged Persistence When Preparing for Trial: A Lesson from the ABA Journal’s Blawg 100
- Be Generous With Your Expertise (Even When the Meter’s Not Running): Another Lesson from the ABA Journal’s Blawg 100
- Incubate in Order to Innovate
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Photo Credit: iwannt, Flickr Creative Commons (Edited…by me)