My Shingle

Lawyers Beware: The World [Wide Web] Is Watching

by Carolyn Elefant on March 7, 2005 · 2 comments

in Ethics & Malpractice Issues,Legal Profession Trends,Websites and Blogs

Print Friendly

David Giacalone has a great post at f/k/a that should serve as a reminder to unscrupulous, unethical or merely careless or inept attorneys that even if the Bar can’t – or won’t penalize you for your actions, The World Wide Web Is Watching, nonetheless.  David describes a couple of situations where lawyers’ errors – such as sloppy briefs or failing to adequately research a response to a complaint – are reported in the media and live on long after the matter has faded away.

I certainly don’t have a problem with “e-shaming” as David calls it, if the end result is to disseminate to the public information about an attorney who’s truly a threat to clients.  Thus, it’s ironic that heavily guarded bar proceedings, which might contain information about wrong-doing attorneys are less accessible than web-based news items about, for example, an attorney mishap in the courtroom which may have been nothing more than a one time occurrence or more unfairly, a judge having a bad “err” day.

To the extent that e-shaming can alert other members of the bar or the public at large to truly outrageous conduct by an attorney, I’m all for it.  But I worry that e-shaming can also magnify the impact of a stupid mistake or a momentary lack of judgment and potentially doom an otherwise promising legal career.   As e-shaming grows more pervasive, perhaps we’ll come up with a system to e-lucidate the real e-vils from the silly errors that simply make us real lawyers, not bad actors.

Related posts:

  1. Are You Your Bloggers’ Keeper? Ethics Issues & and Lawyers’ Professional Obligations Related to Lawyers’ Marketing Non-Legal Services on Line: An Interview with Brian Tannebaum, Miami Florida Criminal Defense &
  2. What David Swanner’s Giving Away, and Not Just for Holiday Gifts
  3. Some Solo Nostalgia
  4. NY Attorney Disciplinary Records Now Onlin!
  5. Even the Best Lawyers Have Bad Days – But They Know How To Cover When They Do
  • http://blogs.law.harvard.edu/ethicalesq David Giacalone

    Yes, Carolyn, I’m very glad for your last paragraph. I meant to end my post with the very point about the need to make a correction mechanism available. I think an enterprising lawyer or law student would provide a good service with an E-rrata weblog that offers a chance for the e-shamed to explain.

  • http://blogs.law.harvard.edu/ethicalesq David Giacalone

    Yes, Carolyn, I’m very glad for your last paragraph. I meant to end my post with the very point about the need to make a correction mechanism available. I think an enterprising lawyer or law student would provide a good service with an E-rrata weblog that offers a chance for the e-shamed to explain.

Previous post:

Next post: