Writing non-fiction without an outline? 

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Whether you’re writing an article or blog post, a memo to your client or your file, a brief or a demand letter, outlining before you write is almost always recommended. 

It helps you include all the key points, put them in an effective order, and save time with the actual writing because you’ve thought about what to say before you say it. 

Outlining is your friend. Especially for longer or complicated pieces that contain a lot of information. 

But sometimes, outlining slows down the process of getting words on paper, and leads to a less interesting, more formulaic piece of writing. That’s okay for most of the writing lawyers do. We don’t need to be creative; we need to relate what happened (or will happen), what we think and recommend, and convey our thoughts succinctly. 

And that’s usually what we do. 

But if you’ve ever struggled to construct an outline, found yourself repeatedly re-organizing and re-writing it instead of getting on with the writing, as have I, you might want to try something many fiction writers do. 

It’s called “Pantsing” and means “writing by the seat of your pants,” that is, writing (a story) without deciding what to write in advance. 

No outline. Or much of one. 

Pantsers start with a general idea of what they want to happen in their story, and usually not much more. They know what their main characters are like, what they want and how they might get that, but often only a few paragraphs which serve as a place to start. 

They write and see where the story takes them. They let the story surprise them as much as they hope it will surprise their readers. 

Pantsers say their writing is fresher this way, because they “hear” the story as they write it. They say it’s more enjoyable to write this way, unconstrained by the rigidity of a detailed outline. 

Authors who write this way say they love the freedom and spontaneity this gives them. Authors who are committed outliners say that writing without an outline, without a net as someone put it, scares the heck out of them and they couldn’t do it. 

What about non-fiction? Could lawyers write with little more than a general idea and a few points to cover? 

I do this all the time with short pieces. What you’re reading now is an example. 

I didn’t plan to write about pantsing today and yet here we are. This is where the writing led me.

Writing by the seat of your pants is liberating. I have no plans to make pantsing my primary modus operandi, however. Outlining will continue to be my jam. 

On the other hand, for my current work-in-progress, a full length non-fiction book, I’ve completed a lot of the outline, but I’m experimenting with pantsing some chapters and parts thereof. After all, a chapter is really a collection of short essays. 

I don’t know how successful I’ll be, but I’m confident it will help me finish the first draft. 

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Transparency is overrated

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Prospective clients, people who read your articles or listen to your presentations, want to know what you do and how you can help them. 

Tell them what, not how. 

It’s okay to speak about your process in general terms. A few words about how you’re different and better. But keep the details to yourself. 

It’s your intellectual property and you don’t need to share it. 

What about paying clients? Aren’t they entitled to know?

Not really. They’re paying for your efforts and results, not your methods. So don’t tell them “how” unless you want to.

In your next article, blog post, or presentation, give folks the big picture, get them excited about the results you can get for them, but just as the magician doesn’t share their secrets, you shouldn’t share yours.

As author William Zinsser put it, “Readers should always feel that you know more about your subject than you’ve put in writing.” 

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Use more legalese, not less

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Many experts tell you to “speak like your prospective clients speak,” mirroring and matching their language, word choices, and style, so they will more easily understand and relate to you. 

They say that most people don’t have a legal background and might be confused and/or intimated by your use of legal terminology and references. 

Basically, they’re saying “don’t talk like a lawyer”. 

I disagree. 

Prospects are looking for a lawyer or looking to learn something that might lead to hiring a lawyer. They expect you to act and speak like a lawyer, and if you don’t, they may think you don’t have the requisite experience and gravitas they’re seeking.

In addition, using appropriate legal terms will help people searching for those terms to find you.  

So don’t eschew Latin and legal terms-of-art. But make sure to explain what those terms mean and use examples and stories to give them context that might be important to your reader. 

You want your reader to understand you but you also want them to know you understand them. So, also make sure you speak like them.

Localize your message by using your target market’s terminology and references. Mention the names of well-known people in their industry or market, for example, as well as problems and solutions that are familiar to them.

Do both and not only will your readers and listeners better understand your message and how it applies to them, they will be more likely to see you as a better choice for them than other lawyers who don’t speak their language.  

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My 3 favorite sources of ideas for blog posts and articles

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My goal is to write something people need to or want to read, aka “quality and value,” and do it quickly so I can get on with the day. 

If that works for you, consider using one of these 3 sources of ideas:

(1) Respond to questions (from readers, subscribers, clients, etc.) 

Don’t underestimate the value of simply answering questions about your area of expertise. You have plenty of information and relevant examples from your practice to write about, and if one person is asking about a subject, you know others want to know the same thing. 

Check your email, questions and comments posted on social, and you might have enough ideas to last for months.

(2) Write what other lawyers (bloggers, experts, etc.) are writing about. 

I get a lot of ideas this way. It’s easy to adapt a business consultant’s article about marketing or customer relations or productivity, for example, to something appropriate for my market (that means you). 

When you’re fresh out of ideas, these articles are a good place to refill your tank.

I might use some of their ideas and add my own, or none of their ideas except the basic concept that caught my attention. I’ll change the headline, add my own irreverent style, and have an article or post that is completely different from the original.  

(3) Write about something you saw, or that happened in your work or personal life. 

Yes, you should write about your latest case or one you heard about from a colleague. But don’t ignore your personal experiences, which can be a fertile source of material.

For example, you might take your kid to a doctor’s appointment and be asked to supply information you know they don’t need and shouldn’t ask. You could write about HIPAA, or use that experience as the lead to an article about how you go out of the way in your practice to protect your clients’ privacy and rights. 

Or, you might be out shopping and hear someone accuse someone of hate speech. In the US, you might use that to explain the meaning of free speech and the US Constitution.

Do you live in a city with potholes gone wild? You might write about what to do if your reader sustains property damage or bodily injury by driving over one.

Ideas are everywhere. If you pay attention, you will never run out. 

More ideas for content

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The problem with lists

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Everyone uses lists to record information and convey that information to others in a way that’s easy to follow. We use lists in our work, for research, opening and closing files, and every step in between. 

We give our clients lists of things to do, and things to avoid, and lists of the steps we will take with their case, and they like knowing what to expect. 

We also use lists in our marketing, so we can do things quickly and efficiently, in the right order, without having to think about what to do each time. And because our readers like posts that contain lists, we use lists in our content marketing.

When a business lawyer publishes a post that promises, “21 ways to use the law to increase your bottom line,” for example, this usually attracts prospective clients in their market. “There’s got to be at least one or two of those ways I can use,” they think, and they read (scan) the post to find out.

List posts work, and you should use them liberally in your content marketing. 

Okay, so what’s the problem? 

The problem is that because list-posts work and are easy to write, everyone writes them. Lawyers, consumer and business writers, bloggers, consultants, et al., know that list posts are popular (by looking at their statistics), and so they write lots of them. 

Therefore, while you should use lists in your content, you shouldn’t rely on them exclusively. 

Use your knowledge and experience and credibility as a lawyer to write more thoughtful, in-depth content, the kind only a lawyer of your experience and standing can provide. 

Clients prefer to read and hire experts. A thoughtful piece by an attorney who practices in the area they need help with is more valuable to them than a simple list by a blogger. 

So, you need both. 

Write simple list-posts to get traffic and opens, and authoritative posts to “sell” readers on following and hiring you.

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Too long; didn’t read

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Lawyers tend to write articles and documents and memos and cover letters and emails… that are too long. They seek completeness and accuracy and to persuade someone of something, but often wind up doing anything but. Their writing is often long-winded, repetitive, boring, and ultimately persuades no one. 

Search engines favor longer articles. But to be effective, they have to be well written. If they are, in terms of sales, long copy usually pulls better than short copy.

What can you do? Learn how to write long copy effectively or hire someone to do it for you. One takes time and practice, the other takes money and the good sense to invest it. 

But that’s not the end of the story.

Yes, write long when you’re selling something (your services) or want to make love to Miss Google. But it’s okay to write short copy in your blog or newsletter, on social, in email, and for other purposes. In fact, it is often the best thing you can do.  

Writing shorter pieces allows you to write more often. Your audience hears from you more frequently and is more likely to read what you wrote. That gives you more opportunities to “speak” to them and remind them about what you do and how you can help them. 

You’re able to be in their minds and mailboxes more often, leading to more new clients and legal work for you.

This is a short message. If you got this far, it means you read it. We connected. That’s good.

Something else. Not only does writing longer articles mean you connect with your audience less frequently, your readers often save those longer articles to “read later” and we all know that later often never comes.  

Yes, they do see that you emailed them again or published another post and that has value even if they don’t read your message. But it’s better if they do. 

Ultimately, the best thing to do is to write both long and short articles, posts, and emails, and let each do their job. 

How to start and write an effective email newsletter

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My favorite outline

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Yesterday, I talked about the value of outlines and why you don’t always need them, especially when writing a short article. What I didn’t say is that having a supply of go-to outlines available can make help you write faster and better articles, whether long or short.

In your writing toolkit, you should have a list of the basic outlines at your disposal, such as these classics: 

  • The listicle: a simple, unordered list of various points, tips, techniques, problems, resources, questions, etc. Examples: 7 books everyone should read this year, Questions most people ask an Estate Planning Lawyer, 10 tips for organizing your legal documents. 
  • How-to/process: show the reader a step-by-step process for doing something, the benefits of doing it, and what might happen if they don’t. Examples: How to find a good bankruptcy lawyer, What to do if you’re in an accident, How to file a quitclaim deed. 
  • Story: what you (or someone else) did, what happened, what you learned, and how the reader can use this in their own life or business. Examples: How minimalism helped me become a better lawyer, My most difficult case and how I won it, What I learned about leading a successful life from a 70-year old history book.
  • A better way: challenge something everyone does or believes is true and show them why this is wrong or there is a better or easy approach. This type of outline includes the following parts: (1) Most people think/believe, do; (2) This is a mistake/ineffective/wrong; (3) It doesn’t solve the problem or accomplish the goal and can make it worse; (4) A better approach/way to think is

“A better way” outline is good for lawyers because by challenging conventional wisdom, it can position you as a thought leader, differentiate you from your competition, and stimulate word-of-mouth from those who like your better way and those who don’t.

 Which is why this is my favorite type of outline, and why I’m using it in a book I’m writing. 

How to use a newsletter to build your law practice

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Writing without a net 

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There are good reasons to create an outline before you write and with longer pieces, I usually do. I choose an idea, a working title, a list of points I want to cover, and some examples or stories to include. I often change these, but it gives me a place to start. 

Which is usually the most difficult part of the writing process. 

With shorter pieces, I rarely outline because I have only a fragment of an idea floating around in my head. 

Someone asked me a (marketing or productivity) question; I saw an article about a subject that interested me; I learned something from a video I wanted to share. That’s usually enough to prime my writing pump and I start writing, often with little or no idea of what I’m going to say. 

Which is what I’m doing right now. 

The genesis of what you’re reading is an article I read about writing blog posts. I zeroed in on the subject of outlining and realized I had something to say about that—that despite the value of outlining, it’s not always necessary, and sometimes, makes the writing more difficult. 

You can just start writing and see where it goes.   

Yes, it’s usually messy. Without an outline, sometimes you waste a lot of time trying to find your message and the best way to present it. But the other way, outlining first, can be equally messy and time consuming, especially when you think you know what you want to say (but don’t) or, as I often do, you change your message (often several times) before you finish. 

I also find that writing without an outline often leads to “fresher” writing. Instead of pure logic, you’re guided by what feels right, just as extemporaneous speaking often does.

It sounds like I’m saying, “Don’t force it, do what works for you” and I am. As a busy professional who has other things to do, strictly adhering to what your English teacher (or law professor) said to do isn’t the aim. It is to get something on paper and out the door.

IRAC be damned.

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Why you need a story diary

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You are a storyteller. You tell them to friends, colleagues, clients, and juries. You put them in blog posts, articles, and presentations. You use them to make a point or share a light moment. 

Stories are how humans connect with each other. They help us win friends and influence people. 

And you need a steady supply of them. 

Where do you get them? By keeping your eyes and ears open and noting what other people talk about, write about, and do. You get them by observing your world. 

The best stories are usually about things you did or that happen to you because you have an emotional connection with those stories (and the people in them).

You solved a problem, did something new and interesting, or met someone who made an impression. When you share these stories, you help people understand, appreciate, and remember your message. 

And you.

When you talk about a troublesome case, for example, you help the reader or listener step into your shoes, see what you saw, and feel what you felt. It’s an effective way of illustrating something important or something you care about and think your audience will, too. 

Now, since stories are so valuable, you should create (or expand) the habit of collecting them. 

Set up a “story” file and add notes and articles and quotes you might use someday. In addition, take two-minutes at the end of each day and make a note of what you did (or saw or heard) that day. 

Who did you speak with? What problems did you solve or work on? What did you see or hear?

Did you sign up a new client? Settle a case? Improve a skill or start learning a new one?

Record your day in a diary or journal. You don’t need to write out the entire story. Just jot down enough details to help you remember it when you want to use it.

Your journal will make you a more effective writer, speaker, and communicator. It will help you win more friends and influence more people.

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Ai ain’t Cyrano

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Ben Settle was talking about email copywriting, but it applies to any kind of writing if your objective is to get someone to do something, buy something or believe something. 

So, writing.

And we would do well to remember it when we toy with the idea of using Ai to do all of our writing.  

It might be a good idea if you just want to shovel words at a reader. But not if you want to persuade them (and get paid lawyer money to do it). 

Settle said, “Email is a transfer of emotion and energy from writer to reader”. 

Which is something Ai can’t do. 

A professional copywriter can. You can. But Ai can only transfer information, not emotion or energy, which is why we shouldn’t let it turn our heads.

Use Ai for research, for outlining, for ideas, even for first drafts. But not for anything that requires the human touch. 

Someday? I don’t think so. But what do I know? I’m only human. 

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