Lawsuits have long been tried in the news media, with lawyers putting their spins on the case in front of news cameras and microphones. So what’s wrong with a lawyer using a blog to post court documents and otherwise discredit his legal opponents?
Apparently, nothing.
New York Magistrate Judge Robert M. Levy ruled that attorney Ray Beckerman may have been “less thank forthcoming at times” but did not cross ethical bounds by posting his motions on a blog devoted to criticizing the defendant: the Recording Industry Association of America. According to a post on Wired’s Threat Level blog, the music industry’s concerns over the blog were “largely overstated.” (PDF of ruling)
Why not use a blog to help advance a legal case? In most cases, courts are open places and legal filings are made publicly available. Unless the judge has ruled otherwise, by way of a gag order, there’s nothing to stop a lawyer from talking to a news reporter or providing copies of the legal filings. Is it a conflict of interest that the lawyer and the “reporter” are the same person? Absolutely. But clearly, just in the name of the blog - called Recording Industry vs The People - there’s bound to be a spin every now and then.
You almost have to expect it
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