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5 Shidler J. L. Com. & Tech. 1 (2008-2009)

handle is hein.journals/washjolta5 and id is 1 raw text is: Litigation Cite as: Jason Boulette and Tanya DeMent, Ethical Considerations for Blog-Related Discovery, 5 Shidler J.L. Com. & Tech. 1 (Sep. 23, 2008), at http://www.Ictjournal.washington.edu/Vol5/AO1BouletteDeMent. html. ETHICAL CONSIDERATIONS FOR BLOG-RELATED DISCOVERY Jason Boulette and Tanya DeMent 1 @Jason Boulette and Tanya DeMent Abstract The rise in blogs (short for Web-logs) has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of legitimacy and legal protection. At the same time, blogging is also creating its own unique brand of legal issues. Of specific concern to lawyers are the ethical issues surrounding a lawyer's use of blogs, particularly as blog-based discovery becomes more and more common. This article will provide an overview of a lawyer's obligations under the Model Rules of Professional Conduct and the corresponding Washington Rules of Professional Conduct with respect to blog-based discovery. Table of Contents Introduction Use of Bloos in Informal Discovery Use of Bloos in Formal Discovery The Rules Determining Whether Bloging Constitutes a Communication Passive Review Affirmative Posting