Blog Confidential

Published for NC Criminal Law on March 23, 2009.

One of the services that we offer here at the School of Government is what I like to call the "hotline." When you have a question about the law, you can call us or email us and we'll try to answer it. Although different faculty members treat those calls slightly differently, most of us treat them as confidential. I certainly do. But I also blog about questions that I receive, and some people have asked me about the tension between confidentiality and using questions as the basis of blog posts. In case you were staying up at night wondering how I balance those concerns, here's the answer. If I receive a single call, about a single "live" case, I won't blog about the issue, period. I particularly want lawyers to feel comfortable calling and asking questions without worrying that they'll tell me their thoughts and then I'll disclose their thoughts on the blog, or that they'll express a concern that they don't want opposing counsel to know about, but then I'll flag the issue on the blog. However, if I receive multiple calls about an issue that has cropped up in multiple cases, it becomes fair game for the blog. I still won't disclose the thoughts that any particular lawyer (or judge, or officer, or whoever) has shared in confidence about a particular case, but I will describe the issue in generic terms and offer my thoughts about it. Part of my job as a School of Government faculty member is [...]