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:
How lawyers can make the best use of LinkedIn as they begin or continue their legal practice; tips on writing compelling profiles, building networks, reaching potential clients, choosing what to post, establishing oneself as a thought leader, publishing new, reused, or adapted content, and more. What do even some experienced LinkedIn users overlook regarding timing, tone, etiquette, or other finer points of being on LinkedIn?
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How attorneys can improve their performance as public speakers. Consider touching on any of the following: organization and preparation tips; importance of tailoring a presentation to one’s audience; value of practice or feedback prior to a real-life speaking engagement; do’s and don’ts regarding the use of notes, outlines, or visual aids; the challenges of using humor in a public speech; and more.
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Potential generational clashes or misunderstandings in the legal profession and how to address them. Possible points of friction: communication styles, tech expertise, work styles, work-life balance, expectations, or misconceptions. How have generation gap issues been prevented or resolved at your current firm or at other points in your career? What would you like to see the legal profession do better in this regard?
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A new survey on federal judges’ use of artificial intelligence; what stands out to you about the survey results; how the legal profession can facilitate training on, and adoption of, AI tools; what other questions you would like to see answered about judges’ attitude toward, and experience with, artificial intelligence.
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How cyberthreats against law firms are evolving; main sources of cyberthreats these days; types of cyberattacks that law firms most commonly experience; how threat actors’ tactics are changing and, possibly, also intensifying; obligations on the part of law firms and their leaders to protect clients’ data from cyberthreats; a refresher on best practices (or, alternatively or additionally, a rundown of current, hot-button cyberthreats and risk management focused on those specific threats). Also consider whether to write about specific data security challenges for smaller law firms or for law firms operating outside of the United States.
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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 current or past mentor relationship.
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Nippon Life Insurance Company of America’s claims that ChatGPT maker OpenAI is practicing law without a license; basis for the insurer’s allegations against the AI company; what this case may illustrate regarding the ability of pro se plaintiffs to use AI tools to fuel their legal quests; related trends that the courts are seeing; how law firms and their clients can best confront this issue; whether OpenAI or other tech companies are implementing new safeguards to head off potential future claims similar to those being brought by Nippon.
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A recent U.S. Supreme Court decision regarding attorney-client communications; key points in the Court’s ruling on criminal defendants’ right to counsel; practical implications for defense attorneys.
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A proposed rule published this month by the U.S. Department of Justice regarding alleged ethics violations by DOJ attorneys; how investigations of such allegations would change under the proposed regulation; what the proposed rule could mean for State Bars’ oversight and authority, accountability on the part of DOJ attorneys, and the handling and outcome of cases; potential grounds for legal challenges to the DOJ’s proposed rule.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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?
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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 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?
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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.
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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 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.
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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.
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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.
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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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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 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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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.
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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.
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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.
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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.
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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.