How not to use blogs: email and other communications

Imagine being sued and having a blog, and during the course of the trial you post certain events about the trial, such things as the personal habits of the lawyers, judges, and commentary on a dozing juror… What would happen if that were known and you were confronted at the trial? Well nothing would happen which may be bad or good. But on May 31^st the Boston Globe reported about such a scenario in a medical malpractice case involving a failure of a physician to diagnose diabetes in a patient. The Defendant/Doctor was “outed” as a blogger and settled his case when the lawyer dangled the specter of revealing the details of his commentary -- so, based upon the threat of the exposure, the case settled. What did that have to do about diabetes or negligence or the nature of health care? Nothing. The Doctor eliminated those opportunities to be heard on the issues relative to his defenses due to the specter of a threat…so be advised, potential litigant, when going into a courtroom, being exposed may settle a case or kill the very desire to proceed or lose your case… It would depend on the circumstances.

This is not uncommon. Litigation is tough business and the best defense is always the best business practice, care and maintaining integrity.

So will I win my case? You will increase your chances by not getting into court in the first place, but if you have to go, prepare before you even call your lawyer…Stay tuned for such tips to prevent common business practices that land you in court.