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:

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.

Are Due Process Rights in Danger? 

Consider writing about:

Due process, an issue over which many people are raising alarms these days as a result of the Trump administration’s treatment of immigrants, but also an issue that obviously has a much wider resonance across multiple spheres. What do people who are not themselves practicing members of the legal system need to understand about the right of due process, its origins, foundation, application, and importance? What are some common misunderstandings regarding due process rights? How are due process rights being threatened in our current era, and how can those rights be safeguarded?

Civil and Criminal Contempt: Causes and Consequences 

Consider writing about:

The issue of civil and criminal contempt, a matter that has seen renewed attention due to various actions by the second Trump administration. Among the possible points to examine, whether from a general, wide-angle perspective or a particular type of case or situation: a comparison of civil “vs.” criminal contempt; grounds for either charge; how contempt charges are imposed; potential penalties for being found in contempt; who enforces contempt charges; whether contempt charges, or their likelihood, are becoming more common in an increasingly polarized society that is also seeing more push-backs, or outright threats, against judges. Additionally or alternatively, if writing about contempt charges in the context of the Trump administration, consider delving into additional (and perhaps even unprecedented) challenges of seeing through a contempt charge and enforcing it against administration staff, higher-ups, and perhaps even the president himself.

SCOTUS “vs.” Trump Report Card: How Do You Rate the High Court? 

Consider writing about:

How the U.S. Supreme Court has responded, to date, in matters involving the second Trump administration’s exercise of power and stretching of legal limits. In the admittedly brief but action-packed initial weeks of the Trump 2.0 era, what stands out to you so far about the high court’s actions? What surprises or concerns you about the Supreme Court’s responses? What patterns or through-lines do you see so far? What major tests for the Court may lie ahead as Donald Trump and his inner circle continue to test presidential powers and depart from historical norms?

Emerging or Accelerating Challenges for the Legal Profession Under the Second Trump Administration 

Consider writing about:

Key challenges for law firms as the Trump White House continues its assault on the legal profession. Take your pick of a range of potential issues, such as: the impact on firms of presidential executive orders; choice of cases or pro bono efforts and potential shifts in case selections; impacts on morale inside law firms; navigating relationships with existing or potential clients; the state of relationships with, or competition from, other firms or colleagues; possible increased need for reputation management; social media missteps; how firm leadership can best communicate with lawyers, other legal professionals, and potential hires in this time of change and increased stress; potential career changes or loss of firm headcount amid the turmoil.

DOJ Lawyers: Between a Rock and a Hard Place? 

Consider writing about:

The U.S. Department of Justice’s treatment of lawyers in its own ranks in the early days of the second Trump administration; what stands out to you about some of the headline-generating incidents; how unusual (or perhaps even unprecedented) these events may be in the context of the DOJ’s overall history; what the internal treatment of DOJ lawyers indicates about the role, priorities, overall direction, and leadership of the Justice Department under the second Trump administration, and the existence (or non-existence) of effective guardrails or checks and balances; where the evolving situation at the DOJ leaves government lawyers vis a vis professional ethics, the performance of their duties, and their reputations.

Related information:

https://www.abajournal.com/news/article/doj-lawyer-placed-on-leave-after-admitting-immigrant-should-not-have-been-deported-to-prison-in-el-salvador

https://www.reuters.com/world/us/us-justice-dept-mobilized-armed-marshals-warn-ex-lawyer-over-congressional-2025-04-07

https://www.newsweek.com/trump-doj-eric-adams-charges-corruption-2032761

Congressional Republicans Eye Judicial Powers 

Consider writing about:

Proposals being floated by GOP members of Congress to impeach judges, eliminate courts, limit district judges’ ability to impose nationwide injunctions, or otherwise curb judicial powers. How likely is it that any of these types of proposals would gain significant traction in Congress, and how might a successful campaign of this type backfire against the GOP and future presidential administrations? What is rhe precedent (either in recent years or from a longer-term historical perspective) for these types of ideas; how much of a departure would they represent from current systems; and how much of an impact might they have on the judicial system and litigation?

Related information:

https://thehill.com/homenews/house/5211685-house-republicans-federal-judges

https://www.nbcnews.com/politics/congress/speaker-mike-johnson-floats-eliminating-federal-courts-rcna197986

https://www.nbcnews.com/politics/congress/trump-allies-push-impeach-judges-speaker-mike-johnson-scape-hatch-rcna197864

How to 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.

Threats Against the Legal Profession: What to Consider 

Consider writing about:

Heightened economic or safety concerns facing law firms, lawyers, and judges, whether due to Trump administration actions, extremist online messaging or misinformation, “lone wolves,” or other entities or developments. How can law firms, individual legal professionals, or the profession as a whole best manage amid related risks and stresses? What are some strategies or other considerations worth exploring as individuals and firms decide how to best meet this moment?

Social Media Tips: Should Attorneys Reach for Bluesky? 

Consider writing about:

What attorneys or their firms should know about the social media platform Bluesky; how it compares to X, Threads, or other platforms in terms of design, functionality, tone, audience, and reach; social media risks or potential pitfalls to be aware of; how attorneys can assess where their time is best spent on social media or alternative channels of communication and professional outreach; how to migrate followers and account information from one platform to another.

SEO Pointers for Lawyers [Ongoing] 

Consider writing about:

Search engine optimization tips for law firms or individuals; common SEO misconceptions; SEO tools worth investigating; a roadmap for people or organizations who aren’t well versed in SEO intricacies – or, conversely, pointers on how someone with SEO experience can up their game and boost their search rankings even more.

How Lawyers and Clients Can Help Each Other Be More Effective [Ongoing] 

Consider writing about:

How lawyers and clients can help each other be more effective in their professional relationship. Among possible points to cover: common sources of misunderstandings; how to improve written and oral communication (or: conversely: communication missteps to avoid); how to manage expectations; etc. Consider presenting a list of tips, or writing a first-person account of a successful or improved client relationship and the habits or other factors that helped make it a success.

What Constitutes a Constitutional Crisis? 

Consider writing about:

Constitutional crises. What is the definition of a constitutional crisis? What are the key characteristics of such an event? What are the potential tipping points, either generally speaking or, specifically, in this current moment in the United States? Can we be considered to be in a constitutional crisis at this juncture? What are the potential guardrails or remedies in a constitutional crisis? What is the legal profession’s obligation in the run-up to, arrival of, or recovery from, a constitutional crisis?

Takeaways From Showdown Over Corruption Case Involving NYC Mayor 

Consider writing about:

Corruption allegations against New York City Mayor Eric Adams and the wider-ranging issues that those allegations have generated. A number of developments in this case have received considerable attention. What stands out to you about how the case has unfolded? Among the possible areas to explore: the Trump administration’s actions, the response of career prosecutors, prosecutors’ ethical duties and dilemmas, and the longer-range implications for prosecutions during the second Trump administration.

Related information:

https://abcnews.go.com/Politics/eric-adams-federal-bribery-case-timeline/story?id=118824842

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?

How Deeply Should the Legal Profession Look Into DeepSeek? 

Consider writing about:

The headline-grabbing release of DeepSeek. What are this AI model’s potential implications for the legal profession? How does DeepSeek compare to previously available AI tools in terms of capabilities, risks, and relative advantages or disadvantages? What should lawyers or others in the legal field know before using DeepSeek (or other artificial intelligence)?

What to Know About Pam Bondi 

Consider writing about:

Pam Bondi, the likely next person to fill the attorney general slot; her professional background, achievements, connection to Donald Trump, any noteworthy developments during her confirmation hearing, challenges and priorities that are apt to arise early in a Bondi tenure as attorney general.

Related information:

https://www.axios.com/2025/02/04/pam-bondi-nomination-advances-in-senate

FBI Braces for a Possible Purge 

Consider writing about:

Threats to Federal Bureau of Investigation powers, staffing, and operations under the Trump administration. What stands out to you about actions to date by the Trump administration and responses by the FBI? What FBI duties and endeavors are most likely to take a hit in the months ahead? What are the potential consequences for national security, criminal investigations, and more? How unusual would a purge of FBI ranks be for a new presidential administration? What guardrails (if any) exist in the event of such an undertaking?

Related information:

https://apnews.com/article/fbi-justice-department-trump-762d22f21f4e27b99c94bd78160fb0cb

Black History Month: A Time for Reflection and Action 

Consider writing about:

Your choice of topics related to your firm’s recognition of Black History Month. Among the potential areas to explore: special events or initiatives that your law firm is undertaking for Black History Month; how law firms can put words into action and combat internal biases and improve their DEI performance throughout the year; what clients want to see from law firms in terms of diversity; obstacles to change, and how to overcome them; personal success stories; a description of your firm’s current or past pro bono efforts addressing racial inequities and the legal system; how law firms can avoid social media blunders and other missteps during Black History Month.

Law Firms: Coping and Helping Amid the Los Angeles Wildfires 

Consider writing about:

How your law firm or your clients may have been affected by the Los Angeles wildfires. Among the possible points to choose from: how your firm is managing operations amid disruptions; how colleagues are being assisted by co-workers or the firm as a whole in this time of need; any pro bono projects or community assistance efforts in which you or your firm is taking part in conjunction with the local disaster recovery process; strengths and past achievements of the legal community in the wake of natural disasters; lawyers’ ethical obligations to clients while dealing with disaster impacts; what your firm, or the legal community overall, has learned from past natural disasters and how to prepare for, or recover from, them; additional disaster preparation and recovery tips or pointers on maintaining one’s mental health and balance while recovering from a disaster.

How to Know When It’s Time to Fire a Client (and How to Go About It) 

Consider writing about:

What happens when a lawyer or firm decides to end a relationship with a client – an issue that’s gotten a fresh burst of attention from recent news headlines; how to know when it’s time to take this step; how changing circumstances can lead to one side taking a different fork in the road; ethical and legal considerations that arise in conjunction with a professional breakup; loose ends to tie up after severing the relationship. Conversely or additionally, consider presenting a list of do’s and don’ts to keep in mind when (or before) ending a client relationship.

Related information:

https://www.sfgate.com/tech/article/bay-area-lawyer-mark-lemley-fires-zuckerberg-meta-20034699.php

Pointers on Discovery Requests [Ongoing] 

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.

Kick Off the New Year With a Celebration of Your Pro Bono Work 

Consider writing about:

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.

What Will Happen to Legal Profession’s DEI Goals During a New Trump Era? 

Consider writing about:

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.

Can Federal Courts Catch a Break? 

Consider writing about:

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.

Related information:

https://www.reuters.com/legal/government/biden-vows-veto-bill-expanding-us-judiciary-after-trumps-win-2024-12-10

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.

Time Management Tips for Year-End and Beyond 

Consider writing about:

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?

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.

How to Show Appreciation (During the Holiday Season and Otherwise) 

Consider writing about:

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.