Shifting Gears (from Briefs to Alerts)
Here’s what can happen when an attorney who writes one way all day is asked to write a client alert, but he doesn’t (or can’t) take the time to shift gears first, to go from his usual voice (formal and passive) to something livelier. If he can’t make the shift, the alert could start like this:
If expressly permitted by a corporation’s certificate of incorporation through a “blank check” provision, a corporation’s board of directors may authorize a new series of preferred stock by adoption of a resolution setting forth the rights and preferences of such preferred stock.
That’s the first line in this alert. It’s stuffy and old-fashioned. It sounds more like the start of a brief than a client alert. It doesn’t sound like it’s meant to attract business.
What would it sound like if it was meant to attract business, if that was its main purpose?
When you’re writing a brief, you know there are a handful of others who must read it. They expect a stuffy, old-fashioned way of writing, so you can get away with that. No one has to read your client alert, but your goal is to get lots of others to read it. To achieve that, you need to shift gears before you start writing. You need to stop thinking that “a handful of others must read what I’ve written.” You need to start thinking that “my income depends on how many readers I can attract and impress.”
Here’s my advice. If you’ve been asked to write a client alert, get in the mood for it first. Before you start writing, get a copy of a popular magazine. Read an article or two. Read one you like. And consider what it is you like about it.
Then, start writing your client alert:
A certificate of incorporation might contain a “blank check” provision. If so, the corporation’s board of directors can issue a new series of preferred stock by adopting a resolution describing the rights and preferences of the new series.
