Law Practice Trending Topics

To help with your writing efforts, here’s what people are looking for in Law Practice and Legal Marketing online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Controversy Erupts Over Removal of Climate Science Material From Reference Manual for Judges 

Consider writing about:

The Federal Judicial Center’s reported withdrawal of material regarding climate science from the new edition of the Reference Manual on Scientific Evidence; what to know about the reference manual’s use, and how material is vetted and chosen for inclusion in the manual (and by whom); why the climate change material was withdrawn; whether the inclusion of other material in the manual has been challenged and, as a result, become a trigger for controversy; the Federal Judicial Center’s history and role; what the withdrawal of material on a specific body of information (in this instance, climate science) could mean for judges’ performance of their duties and potentially for the outcome of cases.

Compare and Contrast: Michigan and N.Y. Rulings on AI and Attorney-Client Privilege 

Consider writing about:

What a Michigan federal magistrate judge’s ruling in Warner v. Gilbarco, Inc. may mean for the discoverability of materials produced through the use of AI tools; how the Gilbarco judge’s findings on this point compare to a New York federal judge’s ruling in United States v. Heppner; differences between the two cases’ details that helped shape the contrasting conclusions regarding discoverability; additional takeaways for legal practitioners and their clients regarding best practices in the current AI era.

Who’s on First? What’s on Second? 

Consider writing about:

The Trump administration’s on-off-on-again pursuit of law firms; what to make of the Justice Department’s flip-flop this week involving executive orders targeting law firms; what this week’s DOJ reversal may indicate regarding overall operational efficiency and communication under the current DOJ; how law firms can best manage risk amid an arguably chaotic atmosphere created by the second Trump administration.

Related information:

https://www.cbsnews.com/news/justice-department-reverses-course-trump-law-firms-executive-orders

Practical Implications of Ruling on AI and Privilege Protections 

Consider writing about:

A Feb. 10 ruling by a federal judge in the Southern District of New York on privilege protections for AI-generated content; what to know about the material, AI tool, and attorney-client interactions at issue in the underlying case; basis for Judge Jed Rakoff’s ruling that attorney-client privilege did not apply to the AI-generated material; practical takeaways for legal professionals and their clients on the handling of AI-generated content.

FTC Invokes Antitrust Law in Recent Warning to Law Firms Over Hiring Practices 

Consider writing about:

A Jan. 30 letter sent by the Federal Trade Commission to more than three dozen law firms over their DEI-related practices; basis for the FTC’s claim that the practices could potentially constitute antitrust violations; whether companies’ in-house legal departments could be facing (or already are facing) similar pressures from the FTC; what to know about the Mansfield Certification program, its history, goals, workings, and current status; how law firms should be assessing their hiring, retention, and promotions practices in light of pressures from the Trump administration; additional implications for individuals looking to enter the legal profession or advance within the profession.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2026/01/federal-trade-commission-chairman-andrew-n-ferguson-issues-warning-letters-law-firms-anticompetitive

Podcasting Pointers for Lawyers [Ongoing] 

Consider writing about:

How lawyers can most effectively present and leverage a podcast for the sake of their clients and their own advancement; tips on identifying worthwhile topics, selecting material, choosing between audio-only vs. video formats and scripted vs. conversational formats, deciding on duration and frequency of stand-alone podcasts or a podcast series, whether to have guest speakers (and how to find and vet them), and other fine points of preparing and executing a successful podcast; additionally, common mistakes or missteps to avoid; also: how to effectively promote and maximize the value of a completed podcast.

Judges Form Judicial Artificial Intelligence Consortium 

Consider writing about:

The formation of a Judicial Artificial Intelligence Consortium; the entity’s origins, composition, main concerns, and key goals; any relevant background on the part of the consortium’s founders; how judges can participate in the consortium; what issues judges around the United States have already raised regarding AI’s impact on the legal profession.

Related information:

https://www.reuters.com/legal/transactional/us-judges-form-group-tackle-pitfalls-promise-ai-2026-01-26

Trial Preparation Techniques in a Time of Partisanship, Conspiracy Theories, and ‘Fake News’ 

Consider writing about:

How trial lawyers may need to adapt (or are already doing so) in an era of political divisiveness and at a time when far-out conspiracy theories are widely disseminated on social media, and an increasing number of people seem to deride facts – or beliefs they don’t agree with – as “fake news.” How have the stakes changed for trial attorneys in recent years? Do trial lawyers need to rethink their trial preparation, juror screening, and courtroom tactics – or are tried-and-true techniques still up to the task?

What New Clients Should Know [Ongoing] 

Consider writing about:

What new clients should know about the early phases of the client-lawyer relationship. Choose among any or all of the following points: first contacts, the initial conference, engagement letters, and subsequent meetings and preparation for them. What are some common pitfalls in terms of expectations, fees, communications, etc., and how can lawyers or their clients best avoid common stumbling blocks on the road to a successful outcome?

How to Wrangle Technical Information for Jurors [Ongoing] 

Consider writing about:

How lawyers can best present scientific or other highly technical information to jurors; pointers on trial preparation, and choice of written or visual materials, use of expert testimony, and other potentially useful elements; additional guidance on what to do or not do to most effectively convey essential points to a lay audience.

Leadership Lessons and Challenges for Lawyers [Ongoing] 

Consider writing about:

One or more of your current or past leadership role models, whether in the legal profession or otherwise; lessons learned from that person or persons; how you have embraced those lessons and put them to use in your own career or other pursuits; how someone can be a more effective leader; what prevents individuals from developing effective leadership skills; what law firms can do to help individuals cultivate leadership skills; additional professional or personal resources or tips on leadership.

How Law Firms Can Get the Best Results From Generative AI [Ongoing] 

Consider writing about:

How lawyers or other legal professionals can achieve more worthwhile results when utilizing generative artificial intelligence; pointers on crafting effective search prompts; additional tips on choice of AI tools, potential missteps to avoid, red flags to watch for, and related resources on how to get the most benefit out of generative AI.

Catching Up on President Trump’s Judicial Nominee Scorecard 

Consider writing about:

President Trump’s record to date regarding judicial nominees; how his record so far during his second term compares to that of his first term in office or to other presidents’ administrations; courts that have undergone the most dramatic shifts during the Trump presidential terms to date; recent or expected nominees (or especially notable ones) to know about; what future administrations may be able to learn from the GOP’s recent track record in getting judicial nominees confirmed.

New Year’s Resolutions for the Legal Profession 

Consider writing about:

New Year’s resolutions (either personal or professional), whether for yourself, or, more broadly speaking, for lawyers or the profession in general, or for law firms, in-house counsel, other legal professionals, or clients. You can be serious or humorous as you weigh in on assorted angles, such as resolutions or strategies that have proven beneficial in the past, why resolutions fail or succeed, or whether to jettison the whole resolutions tradition in favor of other tools or techniques for starting the new year on a strong footing and following through on one’s intentions.

Instagram Tips for Lawyers [Ongoing] 

Consider writing about:

Ways in which using Instagram can benefit law firms or individual lawyers; how lawyers or their firms can best leverage Instagram’s features for maximum impact; potential downsides or pitfalls to be aware of when using Instagram (either in and of itself or as compared to other social media); any success stories based on your own use of Instagram, what you learned from those experiences, and how you may be further refining your Instagram presence and strategy.

Pointers on Holiday Season Networking 

Consider writing about:

How to network during holiday get-togethers; practical pointers regarding approach, tone, etiquette, communication techniques, follow-ups, and more; additional tips for introverts.

Gift-Giving Guide for Lawyers 

Consider writing about:

Gift-giving tips for lawyers; ethics rules or other potential pitfalls to keep in mind; ideas for types of gifts that would be most appropriate for clients or others.

TikTok Tips for Lawyers or Law Firms [Ongoing] 

Consider writing about:

How using TikTok can benefit law firms or individual lawyers; how to best leverage the platform’s features for maximum impact; potential downsides or missteps to be aware of when using TikTok (either in and of itself or as compared to other social media); how TikTok or the legal profession’s use of the platform has evolved over the years; success stories based on your own use of TikTok.

What to Keep in Mind About Witness Disclosure Rules [Ongoing] 

Consider writing about:

Witness disclosure rules, whether universally sound practices or rules that vary by jurisdiction. Consider whether to write an overview of the topic or offer a list of do’s and don’ts, or use a real-life case as a jumping-off point or cautionary tale.

Guidance on Dispute Resolution Clauses [Ongoing] 

Consider writing about:

Dispute resolution provisions in contracts; information on their importance, either from a general standpoint or from real-world legal examples where a contract component of this type has played a key role in a case’s outcome; drafting pointers; negotiation strategies; additional practical guidance.

SEO Pointers for Legal Professionals [Ongoing] 

Consider writing about:

Search engine optimization tips for law firms or individuals; common SEO misconceptions; SEO tools worth investigating; how artificial intelligence may be altering the SEO landscape; strategies for either legal professionals who are new to the intricacies of maximizing SEO practices’ potential, or, conversely, more experienced individuals who want to further refine their strategies and up their game.

Let Us Know Your Thoughts on Giving Thanks 

Consider writing about:

Accomplishments, milestones, clients, colleagues, or other events or people for whom you’re grateful, in time for a Thanksgiving season article. You can choose to be serious or lighthearted, as you reflect on their meaning, impact, inspiration, or lessons learned, or as you take a more philosophical approach toward the value of practicing gratitude (during the holiday season or all year ’round), especially during trying times. This is your chance to share more of yourself in a way that clients and other readers will find authentic and engaging.

Immigration Attorney Sues Trump Administration Over Seizure of Phone at Airport 

Consider writing about:

Reports that federal immigration authorities seized an immigration lawyer’s phone after his international flight landed at a Massachusetts airport; key allegations in his lawsuit regarding the device’s seizure; reminders about legal protections or best practices for travelers at U.S. border points; additional precautions for attorneys concerned about potential risks to confidential case material or additional client-related information.

Related information:

https://www.masslive.com/worcester/2025/10/mass-immigration-lawyer-vocal-critic-of-ice-says-feds-took-his-phone-without-cause.html

https://www.nbcboston.com/news/politics/immigration-attorney-sues-trump-administration-after-phone-seized-at-logan-airport/3830846

What’s Next for California’s Bar Exam? 

Consider writing about:

A series of problems and possible missteps that plagued California’s bar exam this year; what the problems mean for those who took (and passed or failed) the exam; how the State Bar of California, legislators, or other decision-makers have responded to the problems; whether other states have experienced similar problems; what someone should know about their rights and potential remedies in case of a system failure during a bar exam.

Related information:

https://www.theguardian.com/us-news/2025/apr/24/california-bar-exam-ai

How Government Shutdown Is Affecting U.S. Courts 

Consider writing about:

How the U.S. government shutdown is affecting court operations, in terms of funding, staffing, scheduling, deadlines, turnaaround times, access to information, and other key points. What should attorneys and their clients know about the impact on cases and related operations? What is the precedent for this situation? And how can those affected best deal with the challenges that the shutdown may be creating?

Related information:

https://www.reuters.com/legal/government/us-judiciary-begins-furloughing-employees-during-government-shutdown-2025-10-20

https://www.thedailybeast.com/the-supreme-court-has-run-out-of-money-due-to-government-shutdown

Frightening Legal Tales (in Time for Halloween) 

Consider writing about:

Legal disputes with a Halloween-related hook. Consider whether to write either a straightforward or a light-hearted piece about disputes involving any of the following: haunted houses, theme parks, costumes, candy, or other familiar staples of this particular holiday season.

Alternatively, consider writing about your choice of five or more scares involving the legal profession, but with Halloween-related wordplay. Take your pick of cautionary tales, discovery demons, tech traps, disputes that won’t die, mistakes that came back to haunt one side in a noteworthy case, or other accounts that can keep lawyers or their clients up at night. Bonus points for guidance on how lawyers or their firms can avoid these types of frightening scenarios in the first place.

How an Expert Witness Can Be an Asset or a Liability [Ongoing] 

Consider writing about:

How to maximize the effective use of expert witnesses. Possible points to explore: tips regarding expert witness selection, qualifications, or pre-trial preparation; challenges to expert witnesses; and/or damage control. Consider whether to write a “top five” type of do’s and don’ts piece, or a checklist of steps to take at a given point in the process, or an examination of recent or otherwise significant cases where expert witnesses played a large role, and/or where an expert witness became a problem, and how to anticipate, avoid, or correct for such problems.

Is U.S. Government Shutdown Affecting IP-Related Processes? 

Consider writing about:

The U.S. government shutdown’s potential impacts on IP practitioners and IP-related cases; whether key entities or processes could face shutdowns of their own or related delays and backups as a result of the government shutdown; what parties to IP cases should be watching for, and whether they may need to pivot to alternate courses of action to meet deadlines or other necessary or desired objectives in the face of institutional disruption.

AI Use Generates Fresh Fallout for Lawyers, Judges 

Consider writing about:

New repercussions stemming from the use of artificial intelligence by lawyers, judges or court personnel; how AI’s evolution and adoption continues to raise questions for the legal profession; how courts and other authorities are responding to this matter; how legal practitioners can best protect themselves and the integrity of their work while still taking advantage of AI’s capabilities.

Related information:

https://www4.courts.ca.gov/opinions/documents/B331918.PDF

https://www.judiciary.senate.gov/press/rep/releases/grassley-scrutinizes-federal-judges-apparent-ai-use-in-drafting-error-ridden-rulings

https://www.reuters.com/legal/government/us-senator-asks-judges-if-they-used-ai-withdrawn-court-rulings-2025-10-06

Former DOJ Employees Sound the Alarm About Justice Department Under Trump 2.0 

Consider writing about:

An open letter released by more than 275 former U.S. Department of Justice career employees regarding the direction the DOJ is taking under the second Trump administration; key concerns raised in the letter; what the former DOJ employees are requesting of Congress; the open letter’s significance; any historical parallels between this development and prior controversies involving the DOJ under previous presidents’ administrations.

Related information:

https://www.axios.com/2025/10/06/doj-trump-pam-bondi-criticized-political-bias-loyalty

https://www.thejusticeconnection.org/wp-content/uploads/2025/10/An-Urgent-Message-from-Recent-DOJ-Alum.pdf