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Bloggers Impacting the World of Litigation
DaveKleiman writes "Will bloggers change the world of Supreme Court litigation by inspecting published opinions? Rachel C. Lee has an interesting take on the question in the Stanford Law Review, Ex Parte Blogging: the Legal Ethics of Supreme Court Advocacy In the Internet Era (PDF). She begins the review with: 'Lawyers have been arguing their cases before the Supreme Court for over two centuries, while the phenomenon of legal blogs is perhaps a decade old. Yet legal blogs cannot be dismissed as merely a sideshow novelty — they are already capable of having a substantial impact on Supreme Court litigation.' The review hits on many key points both for and against the use of blogging, but ultimately concludes that members of the Court and their staff will have to refrain from reading any blog post relating to a pending case, no matter who it is written by. It's even possible we'll get carefully drafted rules preventing blogging by attorneys." It's going to be tough to make any such prohibition work. After all, Groklaw's PJ is not an attorney.
In the course of their tenure, they have to carefully shield themselves from the opinion currents (socially, they will remain mostly in their family circles, and avoid big social venues), as they their job requires them to strictly adhere to the Constitution and the jurisprudence (where relevant). As a matter of course, they will avoid reading newspapers articles relating to "their" cases, and blogs naturally fall in this category.
Whatever discussions we had about his work have been kept generic and mundane, and with the utmost care not to reveal the inner legal workings of the cases; in short, nothing more than what is available to court observers.
IAAL, a plaintiffs' attorney, in fact.
And actually, I do agree with parent. Most trials' facts are extremely close calls. The obvious cases always--ALWAYS--settle before trial. So, on these extremely close calls, it becomes a matter of persuading the jury or judge that your client's position is more correct.
What we do isn't magic. My caselaw search engine uses Boolean operators. Law school just teaches you the magic words to look for. We investigate the facts, we investigate the rules (laws, regulations, judicial opinions), and put together an argument for applying them in the way that gets the best result for our clients, within the confines of the ethical rules that govern us.