Academic publishing for practicing lawyers refers to the process of writing, submitting, and publishing scholarly articles, case studies, or research papers in legal journals, law reviews, or other academic platforms while maintaining a career in legal practice. This can be a valuable way for lawyers to contribute to legal scholarship, build their professional reputation, and influence the development of law and policy. Below is a guide to academic publishing tailored for practicing lawyers, including its benefits, challenges, and practical steps.

---

Why Practicing Lawyers Should Consider Academic Publishing

• Professional Development and Recognition:


• Publishing in academic journals or law reviews can establish you as an expert in a specific area of law.


• It enhances your credibility among peers, clients, and academic communities.


• It can lead to speaking engagements, consulting opportunities, or appointments to prestigious boards or committees.


• Contribution to Legal Scholarship:


• Practicing lawyers bring a unique perspective to legal scholarship, as they have real-world experience with how laws are applied in practice.


• Publishing allows lawyers to address gaps in legal theory, propose reforms, or analyze emerging legal issues.


• Networking and Collaboration:


• Engaging with editors, reviewers, and other authors can expand your professional network, connecting you with academics, policymakers, and other practitioners.


• Influence on Law and Policy:


• Scholarly articles can influence judicial decisions, legislative reforms, or public policy, especially if cited in court opinions or referenced by lawmakers.


• Personal Fulfillment:


• Writing about a legal issue you’re passionate about can be intellectually rewarding and provide a creative outlet outside of day-to-day legal practice.

---

Challenges for Practicing Lawyers

• Time Constraints:


• Balancing a demanding legal practice with the time-intensive process of academic writing and research can be challenging.


• Deadlines for client work often take precedence over writing projects.


• Lack of Academic Training:


• Many practicing lawyers may not have formal training in academic writing or familiarity with the norms of legal scholarship (e.g., citation styles like Bluebook, peer review processes).


• Academic writing often requires a more theoretical or analytical approach than the practical, persuasive style used in briefs or memos.


• Access to Resources:


• Lawyers outside of academic institutions may lack access to legal databases (e.g., Westlaw, LexisNexis) at discounted rates or to university libraries for research.


• Publication Barriers:


• Many prestigious law reviews are student-edited and prioritize submissions from academics or well-known figures.


• Competition for publication in top-tier journals is fierce.

---

Steps to Get Started with Academic Publishing

• Identify Your Area of Expertise:


• Choose a topic you are knowledgeable about through your practice. For example, if you specialize in intellectual property, consider writing about recent case law or legislative trends in that field.


• Focus on niche or emerging issues where your practical experience can provide a fresh perspective (e.g., the impact of AI on privacy law).


• Understand Your Audience and Publication Venue:


• Decide whether to target a law review (often student-edited, academic focus), a peer-reviewed journal (rigorous review by experts), or a practitioner-oriented publication (e.g., bar association journals like the ABA Journal or state bar magazines).


• Research the publication’s submission guidelines, target audience, and preferred topics. For example:


• Law reviews often value theoretical analysis and extensive footnotes.


• Practitioner journals prioritize practical takeaways for lawyers.


• Conduct Research and Develop Your Idea:


• Use your practical experience as a starting point, but supplement it with thorough legal research to ground your arguments in case law, statutes, and secondary sources.


• Frame your article to address a gap in existing literature or to propose a novel solution to a legal problem.


• Access resources through your firm’s subscriptions, public law libraries, or online databases like SSRN (Social Science Research Network) for preprints and working papers.


• Master Academic Writing Style:


• Academic legal writing differs from briefs or client memos. Focus on clarity, logical structure, and in-depth analysis rather than advocacy.


• Use proper citation formats, such as the Bluebook, which is standard in U.S. legal scholarship.


• Structure your article with an introduction (outlining the issue and your thesis), a literature review (if applicable), analysis, and conclusion.


• Submit Your Work:


• Follow the specific submission guidelines of your target publication. Many law reviews use submission platforms like Scholastica or ExpressO.


• Be prepared for a lengthy review process, especially with student-edited law reviews, which may take months to respond.


• Some journals may require exclusivity (i.e., you cannot submit to other journals simultaneously), so plan accordingly.


• Engage with Feedback and Revise:


• If your article is accepted with revisions or conditionally accepted, carefully address feedback from editors or peer reviewers.


• Even if rejected, use the feedback to improve your work for resubmission elsewhere.


• Leverage Published Work:


• Share your published article on professional platforms like LinkedIn or your firm’s website to enhance your visibility.


• Cite your work in future articles or presentations to build a body of scholarship.


• Use your publication as a credential when seeking speaking opportunities or leadership roles in bar associations.

---

Tips for Success

• Start Small: Begin with shorter pieces, such as comments, case notes, or articles for bar association publications, before aiming for top-tier law reviews.


• Collaborate: Partner with an academic or another lawyer to co-author a piece, combining practical and theoretical insights.


• Attend Workshops or Conferences: Participate in legal writing workshops or present papers at conferences to refine your skills and gain visibility.


• Time Management: Set aside dedicated time for writing, even if it’s just a few hours a week, to maintain momentum.


• Stay Current: Write on timely topics (e.g., new legislation, landmark cases) to increase the likelihood of publication and relevance.

---

Notable Platforms and Resources for Publishing

• Law Reviews and Journals:


• Target top-tier law reviews (e.g., Harvard Law Review, Yale Law Journal) for high impact, though competition is intense.


• Consider specialized journals in your practice area (e.g., Journal of Intellectual Property Law).


• Look for state or regional law reviews, which may be more accessible.


• Practitioner-Oriented Publications:


• Bar association journals (e.g., ABA Journal, state bar magazines).


• Trade publications like Law360 or Bloomberg Law for shorter, timely pieces.


• Online Platforms:


• SSRN: Upload working papers or preprints to gain visibility before formal publication.


• Blogs or newsletters: Many law firms or legal organizations host blogs where you can publish shorter, less formal pieces to establish thought leadership.


• Books and Book Chapters:


• Contribute a chapter to a legal treatise or edited volume in your area of expertise.


• Write a practical guide or book for other lawyers (e.g., through publishers like the American Bar Association).

---

Ethical Considerations

• Confidentiality: Ensure that your writing does not disclose client confidences or violate ethical rules (e.g., ABA Model Rule 1.6 on confidentiality).


• Conflicts of Interest: Avoid writing on matters where you have a direct stake or where your objectivity could be questioned.


• Firm Policies: Check with your law firm or employer about policies on publishing, especially if the piece could be seen as representing the firm’s views.

---

Conclusion

Academic publishing offers practicing lawyers a powerful way to contribute to the legal field, enhance their professional standing, and engage with complex legal issues on a deeper level. While it requires time, effort, and adaptation to academic norms, the rewards—both personal and professional—can be significant. By starting with manageable projects, leveraging their unique practical insights, and targeting appropriate venues, practicing lawyers can successfully navigate the world of legal scholarship. If you’re new to this, consider reaching out to mentors, joining writing groups, or seeking guidance from academics or editors to ease the process.