Lawyers Setting the Bar in Thought Leadership: Takeaways from Two Standout Attorneys

What sets apart lawyers who have achieved thought leadership status from those who have become great content marketers? Both groups write, speak and engage. But while the terms thought leadership and content marketing are often used interchangeably, they are not the same.

Thought leaders shape conversations in order to inspire change. It is through the body of their work, their ideas, their authority and their credibility that they are able, or have been able, to influence thinking and contribute to broader discussions and progress.

As experts, thought leaders provide informed perspectives. As innovative thinkers, they generate new approaches. As great communicators, they are adept at articulating new, often complex ideas. Their reputation and credibility can serve to enhance a firm’s reputation, signaling to clients and prospects that it is guided by experts in the field. This is a vastly different distinction as compared to content marketing.

Content marketing addresses the needs, concerns, and interests of specific target audiences. This content is relevant and useful, even if it does not introduce entirely new ideas. Its purpose is to attract, engage and nurture potential leads. The content addresses pain points and answers questions with the intent of converting targets into customers. It is needed and it is important.

Content marketing, and the production of high-quality articles, white papers, even blog posts, can help drive thought leadership efforts. But beyond the clicks, likes, views and reads heralded within this important content, thought leaders go much further.

What Are the Steps to Great Thought Leadership?

Thought leaders within the legal profession, as for other industries, intentionally and often instinctively follow these five steps:

1. They rely on a platform to lead from, one that gives them authority and relevance. That platform could be an organization, a firm, or a business, a movement, a government or regulatory position, or a crisis.
2. They have a well-defined sense of purpose, or brand, which frames their thinking. Often aligned to their business experience or industry affiliation, defined purpose helps them connect with audiences on a deeper level.
3. They take risks in both word and deed. By taking bold actions and standing up for what they believe in, thought leaders captivate audiences and garner respect (or reaction).
4. They explore media channel options, selecting what they can not only master but those that can amplify their message.
5. They develop and deliver authentic messages. These messages are based on deep thoughts, not business platitudes, buzzwords or surface-level caches. Their thoughts shape conversations and inspire change. True thought leaders are living, not acting, their thought leadership status.

Let’s take a look at two of today’s most dynamic thought leaders in law: Marty Lipton and Floyd Abrams.”

Marty Lipton: Pioneering Corporate Governance and the Poison Pill

From the corporate arena, Marty Lipton, of Wachtell, Lipton, Rosen & Katz, was and continues to be a masterful thought leader. His views on corporate law, corporate governance, maximization of shareholder value, hostile takeovers, the role of the board, junk bonds and the poison pill, set his stage.

Simply put: Marty Lipton had views.

Some controversial. All that he was passionate about. But he took those risks and spoke (or wrote) about them. And he was fortunate to have his firm as his platform, solidly in his corner.

Early on it was Marty Lipton vs. Milton Friedman and the Chicago School of Economics — which, along with the University of Chicago Business School, was the leading educational institution at that time — and their response to his 1979 law review article, “Takeover Bids in the Target’s Boardroom.” In 1982, Lipton wrote his first client memo on the prevention of hostile takeovers, junk bonds and what would become known as the poison pill. (Note: his client memos were sent via bcc to a targeted list; long before automated outbound emails became a real thing.) This was followed by a series of Delaware cases that became the framework of corporate governance. In essence, he owned this space.

Over the years, Marty Lipton continued to share his ideas. Some agreed with him. Some did not. Some who did not, by virtue of their platform, became thought leaders in their own right. But throughout, Marty Lipton — through his thoughts and advocacy — had a significant impact on corporate law and governance practices.

And then there were those client memos, his media channel of choice for his thought leadership. Getting on the memo list became as competitive as getting accepted into a leading law school. Once received at law firms, particularly those with corporate platforms, they elicited lively conversation. Today those influential memos can all be found at theliptonarchive.org.

Lipton practiced law, he wrote, he spoke, he contributed his time to boards and organizations, and he received many honors and accolades. As a result, Marty Lipton became the foremost lawyer in mergers and acquisitions, corporate policy and strategy, and perhaps the leading thought leader in corporate law ever. No LinkedIn. No Twitter. No SEO. Just authenticity, real thoughts, and genuine thought leadership.

Floyd Abrams: Champion of the First Amendment

From the litigation arena, Floyd Abrams, of Cahill Gordon & Reindel LLP, is recognized as the preeminent First Amendment lawyer of our time. His deep understanding of constitutional principles has positioned him as a leading authority on freedom of speech, press and free expression. As a trial and appellate attorney, he has demonstrated legal advocacy in high-visibility matters, many of which have become landmark cases. To some, these cases may have made him appear as something of a risk-taker.

With the courtroom as his platform, he has argued cases in the Supreme Court, raising issues related to the scope of the First Amendment, the nature of broadcast regulation, and the impact of copyright law. Some of his better-known matters include his defense of The New York Times in the Pentagon Papers case, which established him as a trailblazer in defending the rights of individuals and media organizations. His defense related to the rights of corporations and unions to speak publicly about politics and elections in Citizens United v the FCC also drew renown. His clients have included Standard & Poor’s Financial Services LLC, ABC, NBC, CBS, CNN, Time Magazine, Business Week, The Nation, Reader's Digest, Hearst, AIG, and others in trials, appeals and investigations.

He is a prolific writer and commentator. He has contributed, and continues to contribute insightful articles, op-eds, and essays to well-known publications. Many of these have resulted in public debate on related legal and social issues. He also shares his expertise with our next generation of legal practitioners, lecturing and speaking at law schools, colleges and universities on the complexities of the First Amendment and the future landscape of media law. With leadership roles in professional organizations and associations, he remains actively engaged in public advocacy aimed at protecting civil liberties and advancing the principles of free expression.

All of this has earned Floyd Abrams influence beyond the courtroom.

He continues to speak out on First Amendment issues, helping to define, and at times redefine, free speech as we know it. This has also made him honored and vilified, seemingly simultaneously on the wrong side and the right side of issues. Where he ultimately nets out on controversies being debated today relating to disinformation, hate speech and the assault of new technologies on personal privacy (to name a few), are yet to be seen. In the recent CNN documentary on Floyd Abrams, “Speaking Freely,” when asked if he thinks there is a time where the First Amendment has gone too far, he answers, “Not yet.”

Raising the Bar for the Next Generation

Marty Lipton and Floyd Abrams are renown legal thought leaders celebrated for their profound insights and unwavering commitment to their principles. They continue to be deep thinkers with a well-defined sense of purpose, and incredible expertise to match. Beyond their content, their beliefs are embedded in their work and lives. Believing they must be shared, they both have strong ties to teaching. They are bold risk takers who consistently stand up for their beliefs, making them figures to watch and emulate. Their legacy sets a high standard for the next generation to follow.

And what of today’s or even tomorrow’s legal thought leaders? The essence of true legal thought leadership is not about clicks, likes, views, or reads. It is about striving for excellence, offering deep, well-considered insights, and proactively bringing critical knowledge to the client often long before they even realize they need it.

The next generation of thought leaders must continue to move the needle, push the boundaries of legal practice, and commit to continuous learning and innovation. And by doing so they not only demonstrate the same dedication and purpose as Marty Lipton and Floyd Abrams, honoring the legacy of these past pioneers, shaping the future of the legal profession, and ensuring it remains a powerful force for justice and societal progress.

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