Below the Fold is the monthly newsletter from Cognito’s Australian team based in Sydney, an independent PR and communications agency specialising in financial services and technology.
Most advertising loses 95% of its impact within a couple of weeks of running. The best of it, the emotional and expensive television work, might hold on for a month or two. This is according to the IPA, Binet and Field, and the Ehrenberg-Bass Institute, and underpins how ROI is measured and discussed within the broader industry.
Thinkerbell’s Dan Monheit used these insights in Mumbrella in late July to highlight that the “half-life” of earned media has now changed. He says that once the LLMs have decided, on the strength of a trusted source, that your product is the best in its category, that conclusion holds until something of equal authority displaces it, which could be years away, if it ever happens.
Readers of last year’s October edition will remember the Muck Rack research I quoted: 95% of AI citations come from non-paid media, 89% from earned. Monheit doubles down on the endurance of those highly cited pieces.
So – if good coverage compounds, then so does bad coverage. I’ve done a full dissection of this under ‘Kudos and Catastrophes’ below.
Also in this edition: Scott’s read on the narratives moving Australian headlines, client hits we’re proud of, a journalist insight we found interesting, and a note on the News Bargaining Incentive, which arrives in parliament this session looking quite different to the draft I wrote about in April.
As always, feel free to get in touch if any of the points included caught your eye, or if there’s something you’d like to see discussed in next month’s edition.
Until next time,
Jonathan Buxeda,
Director, Cognito ANZ
Narratives Down Under
As observed by Scott Schuberg, Managing Director, Cognito ANZ
Botch the use of AI in a legal case, and it could land you a record fine or have you banned from practising. This still happens. Lawyers were penalised a total of around US$110,000 in Oregan in April this year for fabricated citations, and lawyers were fined and barred from appearing for two years in a district in Mississippi in June this year for either using fabricated citations or signing off on submissions that included them.
These are great news stories for lawyers with hard-earned experience, who seek out leading authorities and dig through public and commercial databases to scrape together case law that actually exists.
But what happens when AI gets it right?
Casual university lecturer Gregory Baker, who openly used AI to represent himself in a workplace legal dispute, as covered by David Marin-Guzman at the AFR, used multiple AI agents to not just build his case, but to cross-check the veracity of it too. His knowledge about industrial relations law at the time he began, in his own words, were “None whatsoever.”
He won.
In addition to clocking up a win, he also helped create a landmark decision that, no doubt, AI agents like his will cite in the future for those wishing to take advantage of a legal loophole that has allowed him to transition from a casual to a permanent part-time position at Macquarie University that—as discovered by his AI agent research in the first place—will allow him to apply for research grants.
It’s all well and good to celebrate the David vs. Goliath shape of this story, but the Fair Work Commission has the unenviable task of now expecting even more legal arguments like Gregory’s to be thrown at them, while already “drowning in AI-written claims from self-represented litigants,” as characterised by Marin-Guzman. Knowing how much the likes of vexatious litigants can drag on legal systems, I can’t imagine the pressure the system is now under as it faces armies of AI-armed amateur legal sleuths.
Taking a step back, and please bear with me, as this may read as tangential and self-indulgent, I began doing some light research on the history of Athens recently. Cognito’s two-yearly ‘Cognicon’ global meet-up will be there in mid-September, and I’ve never been. One of the slivers of history I spent more than a few minutes on was the evolution of law from oral custom to written form, beginning with Draco’s and Solon’s attempts to see law serve the public and not just the aristocrats.
I don’t think it’s a dramatic stretch to say that, for perhaps $20-$100 per month and with the case study above in mind, AI is presenting the public with the most significant democratic step-change in the application of law that it has seen in two and a half thousand years.
Legal practitioners don’t have a monopoly on the challenges professional services employees face due to the advent of AI; we’re all in the same boat, and anyone claiming to have all the answers is either naïve or trying to sell you something. And professional services execs are broadly in the same business – we help businesses grow by maximising opportunities and mitigating threats.
Regardless of the people or technology we have, using all the resources available as catalysts for growth remains the ultimate measure of value.
*AI’s use in this article was limited to finding significant global cases where remedies included harsh penalties for lawyers.

