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:
Consider writing about:
Best practices pertaining to discovery requests, whether in terms of formulating and presenting them, or responding to others’ discovery requests, or involving objections to discovery requests; common missteps or hurdles to look out for; and perhaps some takeaways from a cautionary tale.
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Your firm’s pro bono program. Take your pick of any of the following points: a year in review for the program and its achievements, highlights, or particular challenges that it faced; pro bono plans and priorities for the new year; your firm’s pro bono philosophy and how attorneys at your firm embody that philosophy; how a law firm or individual attorneys can best meet the challenges involved in maintaining an ongoing pro bono commitment; how your firm’s pro bono program may be evolving with the times, whether due to internal or external changes. Alternatively, consider writing a first-person account of your own experiences doing pro bono work at any time during your career, what that experience has meant to you, and the impact it has had on others.
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How law firms interested in promoting diversity within their ranks and within the legal profession as a whole can best prepare for a second Trump administration and other shifts in the national or local political scene; possibility for increased pressure on law firms over DEI-related issues; DEI do’s and don’ts for law firms that may find themselves caught in the middle between client expectations and internal goals on the one hand and opposing – and emboldened – political forces on the other hand.
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Understaffing of federal courts; where the understaffing is most severe, how it has evolved, and how it is affecting proceedings; how Congress is attempting (or has attempted in the past) to rectify this problem; how the November election may have affected the congressional appetite for expanding the federal judiciary.
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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.
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Time management. This is a challenging issue at any time of the year, but it can be especially so at year-end, given the combined effect of law firm business, personal plans, and family obligations. What are your more effective time management tools (apps or otherwise), or time management habits, or general coping habits when faced with heightened time crunches and overlapping commitments and expectations? What systems, techniques, or other aids have you begun using, or discarded, or refined over the past year, which would you recommend (or perhaps warn others against using), and which additional resources or ideas are you eyeing for possible use in the year ahead?
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How to network during holiday get-togethers; practical pointers regarding approach, tone, etiquette, communication techniques, follow-ups, and more; additional tips for introverts.
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Ideas for showing appreciation for clients, colleagues, or others during the holiday season, at year-end, or through the year; gift-giving suggestions; potential pitfalls to avoid.
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New or heightened battles over judicial appointments, in the wake of the November election; what’s happening in Congress regarding the confirmation of President Biden’s selections for the bench; key seats to know about.
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Past or present bono efforts by yourself or your colleagues in support of the immigrant community. Decide whether to focus your piece on a particular country of origin, settled or ongoing matters, successes or challenges, or issues pertaining to a particular immigration policy or specific facet of immigration law. Consider also writing about factors contributing to the decision to take on this type of pro bono work and how it fits with your firm’s overall philosophy and history of pro bono work as a whole.
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The state of the rule of law as the United States braces for the return of Donald Trump to the White House; what Trump’s words and deeds indicate about his beliefs in this regard, whether in and of themselves or in comparison to past presidents; how the landscape has shifted in recent years; implications for the justice system.
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The outlook for the U.S. Department of Justice under a second Trump administration; potential front-runners for the attorney general position, and possible confirmation battles; likely Justice Department priorities during the next four years; how the DOJ could maintain its independence under a second Trump term (and whether it would even care to); potential for President Trump to weaponize the DOJ against his political opponents or critics.
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State Supreme Court races worth watching this November; any high-stakes races or others of note; issues that may be causing voters to pay attention to these races; any interesting trends from recent years related to state Supreme Court races.
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How trial lawyers may need to adapt in an era of political divisiveness, at a time when wild conspiracy theories are widely disseminated on social media and even by elected officials, and when people seem to be losing trust in science or government, and commonly deride facts or beliefs they don’t agree with as “fake news.” How are these persistent trends changing the stakes for trial attorneys? Do trial lawyers need to rethink their approach to trial preparation, juror screening, and courtroom strategies – and if so, how?
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Accomplishments, milestones, clients, colleagues, or other events or people (in your current or past professional or personal life) 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, whether during the holiday season or all year ’round.
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President Biden’s scorecard regarding judicial nominees; how his record on judicial confirmations compares to that of past administrations; any other notable comparisons or contrasts (in terms of diversity or background of nominees, etc.); whether the makeup of the courts plays an increasingly significant part in voters’ decision processes when they cast their ballots.
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Litigation funding; its potential impact on parties to a case, the judicial system, and the overall legal landscape; typical financing arrangements; how litigation funding has evolved over the years; recent court decisions or other significant developments involving litigation funding.
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State attorney general races being held this November; any particularly noteworthy candidates or races to watch; hot-button issues that may affect the outcome of these match-ups.
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The rise of deepfakes, and the potential complications or outright threats that they pose to lawyers and their clients; how deepfakes are being leveragd by scammers; tools, techniques, or best practices for detecting and thwarting deepfakes; alternatively or additionally, present guidance on how to recover and do damage control after faling victim to a deepfake ploy.
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Your choice of five or more scares involving the legal profession. In time for Halloween, opt for a look at ongoing or one-time frightful trends or events related to the legal profession, whether consisting of cautionary tales, discovery demons, tech traps, disputes that won’t die, 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.
Alternatively, consider whether to write a possibly light-hearted or Halloween-themed piece about litigation involving any of the following: haunted houses, theme parks, costumes, candy, or other familiar staples of this particular holiday season.
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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.
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How to maximize the effective use of expert witnesses. Possible points to explore: tips regarding expert witness selection, qualifications, 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.
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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 potential pitfalls in terms of expectations, communications, etc.?
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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 overall pursuits and actions; how someone can be a more effective leader; what prevents individuals from developing effective leadership skills; leadership barriers specific to the legal profession; what law firms can do to help individuals cultivate leadership skills; additional professional or personal resources or tips on leadership.
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Becoming or finding a mentor within the legal profession; benefits of the mentor relationship, for either or both individuals; how to head off common misunderstandings or misplaced expectations; how to maximize the potential value and ultimate success of the mentor experience; additional challenges, concerns, or priorities for women or minorities. Alternatively or in addition, consider whether to present a selection of do’s and don’ts, or whether to describe your personal experience in a mentor relationship.
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How Kamala Harris’ background as a lawyer (and, more specifically, as a district attorney and state attorney general) has become a talking point in this presidential election season; whether that record could be a boon or a liability in the eyes of voters; how that professional history could help shape her performance as, potentially, the next president of the United States; how voters’ sentiments regarding prosecutors, crime, sentencing options, restorative justice, and the criminal justice system have shifted over the years.
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How you make time for writing and thought leadership as part of your legal career. What routines, tools, or mental habits do you rely on to become more efficient and to carve out tine for yourself for these pursuits? And what other actions do you regularly take to maximize your return on your efforts?
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Pro bono efforts that are currently (or have previously been) undertaken or considered by you or your firm regarding voting rights, voter suppression, election process integrity, and election law; noteworthy challenges and successes; how these types of cases have evolved over the years, especially given the amount of inadvertent misinformation online or the deliberate spreading of disinformation by assorted individuals or entities; how your pro bono work on these issues dovetails with your firm’s overall culture and pro bono priorities.
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Diversity within the legal profession; what your firm is doing about the issue of diversity in its ranks; any recruitment, training, or awareness initiatives that your firm has undertaken; potential organizational, legal, or political obstacles or roadblocks (whether internal or external) that may arise, and how to overcome them; notable success stories from your firm’s DEI efforts; lessons or pointers for other law firms on how to achieve and maintain a more diverse workforce.
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Ways that either a client or an attorney can inadvertently sabotage an existing or newer working relationship. What are some common pitfalls, and how can they be avoided or corrected? Consider a detailed list of top five (or more) points. Alternatively, examine a real-life case that illustrated this problem, or consider framing the piece as a walk-through of a hypothetical situation.