Ask your clients if they blog; advise them not to during trial.
The legal blawgosphere is buzzing with the news of the medical malpractice defendant who blogged during—and about—his trial. Unmasked as “Flea” in the midst of the trial, the case promptly settled the next day for a “substantial” amount. It seems likely Flea’s comments about his testimony practice sessions, and perhaps his less than complimentary comments about the jury, influenced the decision to settle. The underlying case involved allegations that Flea failed to diagnose a 12 year old’s diabetes; the boy died six weeks later of diabetic ketoacidosis.
Flea’s blog originally focused on pediatric medicine, and even won an award for its content. But once served with the lawsuit, he posted more and more often about the case. One has to wonder – did his lawyers know what he was up to?
The aftermath of the revelation of Flea’s identity was front page news in the Boston Globe today: “Blogger unmasked, court case upended.”
Here are a few links to other discussions of Flea and his fate:
For Med-Mal Doc, Blogging Proves Bad Medicine (Law.Com)
Blogging Defendant Blows Defense (Volokh Conspiracy)
A Law Blog First? Defendant Blogs His Own Trial (WSJ Law Blog)
Flea, flea as fast as you can (Legal Antics)
