Lawyer ethics are implicated in blogging. For starters, there is, of course, the lawyer’s obligation of confidentiality (Minn. R. Prof. Cond. 1.4). Also, in my opinion, ethical rules regarding conflicts of interest may be implicated.
Minn. R. Prof. Cond. 1.8, for example, provides, “A lawyer shall not use information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules.” So, for example, I would suggest that a blog post that is drawn from experience in one’s practice, which is disadvantageous to one’s client but does not identify one’s client or any of her confidential information, still seems unethical to me. You cannot use your experience in your client’s case, I would suggest, to advocate a position in public that disadvantages your client. At least certainly not a current client.
And, of course, there are rules under section 7, “Information about Legal Services,” that all need to be respected. You cannot tout yourself as an expert in ______ when you are not and so on. And, you must observe the lawyer ethics catch-all provisions, Section 8 (“Maintaining the Integrity of the Profession”), 8.4 (“Misconduct”), 8.4(b)(“don’t be a criminal”), 8.4(c) (“don’t be a liar”), 8.4(d) (“don’t be a jerk”), 8.4(g) (“don’t be a bigot”) etc.
But what about journalistic ethics rules? Do these rules apply to legal blogging?