Thursday, May 09, 2002
Public Disputes
In addition to my interest in the development of the law around hyperlinks, there was something else I found fascinating about the Dallas Morning News/Barking Dogs exchange, below: that you and I know about it. Litigants and would-be litigants swap correspondence like this all the time, but usually the only people paying attention are the parties, their attorneys and maybe ultimately a court. When attorneys begin to realize that, thanks to the Internet, their dispute-related correspondence may have a broader audience than they thought - even for writings that, unlike legal pleadings, are not part of the public record - this could have a dramatic, and positive, effect on the tenor and content of those missives.
[Later: Ernest was kind enough to email that he picked this up on LawMeme. He's rightly skeptical: people with high-profile cases already try them in the media, and the blogosphere just broadens the potential outlets and audience. I let him know my thought was that more potential exposure=more accountability=less vitriol and more careful research and reasoning. Hopefully.]
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