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April 13, 2007

Suing a Blogger: Fourth Update

Ripples from the threat of a lawsuit against Nashville blogger Katherine Coble over a blog post she wrote critical of JL Kirk Associates, a "career search" firm that tried to get her and her husband to pay nearly $4,500 up front before the company would try to find her husband a new job, continue across the blogosphere with Technorati now finding the case mentioned on more than 175 blogs (and Google's blog search finding more than 225).

David St. Lawrence writes that, by its actions in the Coble case, law firm King & Ballow "demonstrated a total cluelessness of the dynamics of an informed marketplace."

The lesson here is that a complaint from a customer is an indication that something is wrong with your service. Fix the problem. Don't try to intimidate the customer, especially if the customer is a blogger! The problem won't blow over and by the time all is said and done your organization's entire history will be public knowledge and the embarrassing details will be available on the Internet for years and years.
True.

King & Ballow gave JL Kirk Associates terrible strategic advice because King & Ballow - like probably most law firms - don't understand the dynamics of an informed marketplace. And JL Kirk Associates listened to the advice because it, like most business, didn't understand either.

Posted in Blogging

Comments

Look upon this as Evolution In Action. If they ever start giving corporate Darwin Awards, this one'll be a strong candidate.

Posted by: Dr. Ellen at April 13, 2007 1:39 PM

The law firm, very predictably, did what law firms do.

They always want to fight and be contentious... the more they stir things up the more they get paid and they have nothing to lose.

It's not the law firm's fault... it's the companies fault for involving the law firm and stupidly taking the firm's advice.

There is never any value added when the lawyers get involved. They just fight over what's there and take their cut. They are never going to suggest a win/win solution because they've got nothing to lose and everything to gain.

Posted by: jimmy at April 13, 2007 3:25 PM

Via your April 11 post, at which I placed a similar comment to this one, not realizing that you have been making updates, Koble's story is now spreading to the legal blogosphere.

Professor Bainbridge, a law professor at UCLA cited it

(http://www.professorbainbridge.com/2007/04/suing_bloggers.html)

who was then picked up by The Delaware Corporate and Comercial Litigation blog of Francis Francis G.X. Pileggi of Fox Rothschild LLP, a full-service firm with offices in Delaware, Pennsylvania, New Jersey, New York, Nevada, California and Florida and "200 largest law firms in the country"

(http://www.delawarelitigation.com/2007/04/articles/commentary/blogs-and-law-firms/)



and from there to law.com blog network's Carolyn Elefant

(http://legalblogwatch.typepad.com/legal_blog_watch/2007/04/law_firm_teache.html)
and Law.com's Legal Blog Watch's Robert J. Ambrogi

(http://legalblogwatch.typepad.com/legal_blog_watch/)

which sent the posts out to its news subscription list including me.


Media Bloggers attorney is now representing Koble, so she won't have to go it "alone," which is not exactly the right term given the support she has drawn from other bloggers in TN and beyond.

(http://mycropht.wordpress.com/2007/04/12/jl-kirk-update/)

Definitely, this has proved to be the media blunder that Bill assessed, as now King & Ballow is losing face not just with bloggers, but members of law firms.

Kudos for your insightful coverage and helping to get the word out.

Posted by: Beth Wellington at April 13, 2007 8:58 PM

Gee, Jimmy, why not make some generalizations? It's probably worth noting that it is a *lawyer* that is coming to Mrs. Coble's rescue.

Posted by: Mike at April 13, 2007 9:20 PM

There are plenty of lawyers who seek win-win positions for their clients. They usually are the most sought out by good businesses. The problem here could be lawyers who were ignorant of business reality. On the other hand, this could well be a case where the client demanded specific action, the lawyer advised them against it and the client insisted. We simply don't know.

Posted by: Rob at April 14, 2007 2:34 PM
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