Set in Style

The following description of a firm’s practice appears on the inside front cover of this brochure.

That’s the actual size of the printed copy. Can you read it (without a magnifying glass)?

OK. Suppose you use a magnifying glass so the copy appears like so:

The copy’s much easier to read, but no matter how much you magnify it, you’ll always have trouble reading it because the spaces between the words are just a fraction of what they should be.

____________
Now, why would a law firm produce promotional copy that people can barely read?

1. The person who set the copy was a youngster with no training in typography.
2. That person thought it would be “way cool” to set the copy very way tight (and in tiny, gray type).
3. The firm doesn’t much care about this sort of thing. 

____________
Take a look at the HTML version of this client alert from Mayer Brown.

Interesting, is it not?

For a mild surprise, click the link to the PDF version of that alert and see what pops up.

This anonymously authored Note in the Harvard Law Review has gotten lots of attention recently.

Here’s a bit of it:

Now, suppose Ms. Anonymous went over to The Writing Center and asked for some help. What would have happened to the above?

It might have turned out like so:

Less wordy; less convoluted; more pleasing to readers, and the author seems like a fairly good writer. 

If you’re like most, you just can’t function as your own editor. 

It’s like trying to cut your own hair.

Thinking of submitting something to a law review? Then check this out.

Better yet, take a look at this.

And rely on those resources (Out of the Jungle, by Betsy McKenzie, et al. and Academic Legal Writing by Eugene Volokh) if you plan to write a magazine article. I believe you’ll find them very helpful.

So they don’t write stuff as awkward as this:

“The inclusion of a party’s trademark in website metatags does not give rise to initial interest confusion that would support a finding of likelihood of confusion that consumers would perceive the defendant as an authorized retailer of the plaintiff’s products.”

An editor would catch that before it’s seen by others (such as those the author hopes to impress).

If you’re an attorney at some great big law firm, and you’ve just been asked to write a client alert, and it has to be ready in two days (why else call it an alert?), and you’ve never written such a thing before, and no one’s ever shown you how, and you’re wondering where to begin, start here:

Read what’s written!

Now, if you don’t much care whether people read your alert, or whether they find it timely or informative or well written, review some alerts published by your firm. You’ll see what’s acceptable (or accepted as passable).

But if you want to gather an audience, if you want to attract potential clients or impress potential employers (i.e., if you want to get something from your effort), then take a look at the alerts of Anthony Valiulis of Much Shelist. You’ll see what works.

Here’s one good example of a Valiulis alert.

Now, that isn’t really an alert. (After all, who publishes alerts on a regular schedule?) But it is a good example of an effective writing style for an alert. People will take their time to read alerts articles written the way Valiulis writes his. Which means his alerts (or articles) might do some good (i.e., persuade people to consider Valiulis).

Note: If people don’t read your alert (or whatever it is) you cranked out in two days, then you wasted the time you spent writing it. You could have spent that time being productive.

If you’re an attorney, if you’re no longer as young as you used to be, and you write stuff beyond legal matter (e.g., you write law review articles, or client alerts, or magazine articles), then you might want to read this article in the Wisconsin Law Journal.

The times, they are a-changing, and those who can’t adapt aren’t so likely to do so well (esp. when competitors are adapting quickly).

I highly recommend this advice by Wayne Schiess (director of legal writing at the University of Texas law school). It’s a great tip on how lawyers can improve their writing.

I recommend it, especially, for those lawyers who feel as if they need no help at all with their writing (while others can see they certainly do).

You’re an associate at a big law firm. You’ve been asked to help a partner write a client alert. When the alert is published, your name will be on it, right next to the partner’s.

That client alert could become a great calling card for you. If it’s well done, it might impress a potential client. In a few years — who knows? — it might impress the managing partner of a firm you’d like to join. It could do you some good, but only if it’s well done.

It could be gold; or it could be coal.
(more…)

The Font Game decides.

From this article (titled “Lawyers’ writing skills still bad”) in the National Law Journal:

“Most of us would be far better writers if we’d never gone to law school.”

That’s the word from Douglas Winter, writing instructor at Bryan Cave.