When I once dabbled in trial blogging, I wondered what I was going to say if I lost. Would I say nothing? That wasn't likely, as it would be too obvious that something bad had happened. Would I list my mistakes, like Lawrence Lessig? That wouldn't work either--some clients are very fast to turn on their lawyers, especially when they admit error. I didn't want my post to be Exhibit A in my client's malpractice case.
As it turned out, the case settled, so there was really nothing to report. But I was reminded of the difficulties of trial blogging by a recent post at BeldarBlog: "Progress report from the courthouse trenches."
In some after-the-fact trial blogging, Beldar reports that he won the trial but didn't do as well as he had hoped. Now he half-promises to post some thoughts "about broad changes in jury attitudes, perhaps due to public concern about 'tort reform'."
That would be interesting. I hope Beldar posts those thoughts.