Set in Style

A common error many attorneys make when writing client alerts is this: they use exactly the same style of writing that they use in their daily work.

But that doesn’t work very well. When you write a brief, someone else has to read it. But when you write a client alert, no one has to read it.

If you want your alert to attract an audience, write it so it’s as easy to read as can be. The easier you make it for readers to read what you wrote, the more likely they are to do just that (and recommend what you wrote to others).
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You’ve got a deadline. You’re reviewing your work, and then you realize an important section begins with this*:

A California Court of Appeal recently interpreted the state’s Song-Beverly Credit Act to allow merchants to require extra personal identifying information from customers to be recorded on credit card slips when giving a customer credit for returned merchandise. The statute prohibits retailers from requiring customers to provide extra personal identification information, such as a driver’s license or Social Security Number, on credit card transaction slips, or using slips which have pre-printed spaces for such information.

Once you realize this, what do you do?

A. Read on and realize what comes next?
B. Read it again?
C. Edit it?

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In the past few years, a number of large law firms have named a few partners as editors of practice-area newsletters (and of other publications, like practice-area blogs). And that makes perfect sense because the authors of those newsletters need what all authors need — editors to review their work. But what do these lawyer/editors do?
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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 engaged Mr. Wordsmith to edit that article?

Then it might have turned out like so:

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

Look . . . you just can’t function as your own editor. No one can. Not even editors!

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).

Well . . . to tell you the truth, not all lawyers need editors. The ones who don’t are the ones who aren’t read, except by those (law clerks, judges, opposing counsel) who really have no choice (because they’re involved in a certain matter).

As things change, more and more lawyers get to write more and more things besides memos and briefs. Many of them write client alerts or newsletter articles for their firms, and some write for blogs.

Those authors need editors.

Why? For much the same reason those authors visit their barbers and stylists and cleaners before they go before a live audience: To look good!
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