Lawyers should know that if the blog contains information regarding the lawyer's services, the blog should conform to the lawyer's state rules on advertising, particularly those addressing false and misleading advertisements. Some additional risks are: Ex Parte Contacts - Lawyers should avoid interacting with a represented party and not contact a party already represented by counsel via the represented party's blog. Duty of Confidentiality - When discussing any representatio...

The file destruction issue is a mix of malpractice and ethics issues. In short, there is no "one time period fits all files" answer. Each file must be reviewed by a lawyer with these matters in mind. Malpractice considerations - Maintain file for minimum time period for running of statute of limitations (SOL) on a legal malpractice claim, generally two years. Note that SOL may not begin to run until the malpractice is discovered. In some circumstances files may have to be mainta...