One reason lawyers procrastinate about writing projects is that we don’t know how to start. We think about what we want to say. Brilliant ideas come to us in the shower. But we don’t get it done. As the deadline approaches, stress increases.
I suggest the underlying reason is that lawyers are afraid to be stupid.
Table of contents
You’ve Heard It Before
Tons of articles counsel lawyers and the general public about how to overcome procrastination. These articles are full of good ideas. I especially like the suggestion to just commit to working on a writing project for five minutes. Voila! Those five minutes turn into a much longer session, and you’ve made significant headway.
So what should you do when you actually start?
Be Really Stupid — But Cautious
Sit at your keyboard and let it all come out. Every idea about why your opponent is an idiot. Every nasty thought. You can even criticize prior rulings by your judge. Go ahead and vomit on the page (metaphorically).
Of course, the nasty thoughts wedged into the document you are creating are only a tiny percentage of the whole argument your fingers are pounding out. Presumably, you’re creating good stuff that just needs calm editing. After transforming all your emotions into text, take a break before editing.
Huge warning here. If you are composing in an email or even thinking of attaching your draft nastygram to an email, do not fill in the To field. It’s too easy to accidentally send your most vituperative thoughts. Doing that would indeed be stupid.
Should You Let AI Take Over?
One way to approach this is to ask AI to put together a document based on your angry thoughts. By now, most of us have learned that good prompt engineering has to be among our skills.
So yes, share the full range of your thoughts with your AI engine of choice. Provide plenty of facts and relevant law. Don’t input anything identifying or confidential.
It’s OK to sound off. “I’ve got this case on contingency and can’t waste time on b—sh– motions, and the court doesn’t have time for it either. Is there a better way to say this?”
The output may be helpful or maybe not so much. Verify any references to original sources. Assuming there is something to salvage, incorporate the good ideas into your original draft and revise to humanspeak.
Then go back and delete the conversation from the AI engine.
You Can Be Smart Later
I recently wrote an email to protest a string of commitments that were never fulfilled. I referred to lies and hollow promises.
And then I revised. I took out the inflammatory language. I even used the word “please.”
Remember that old chestnut about catching more flies with honey than with vinegar? I want positive, responsive action. I don’t want to raise the opponent’s ire so that they are motivated not to give me what I want. And then there’s all that stuff about civility in the Rules of Professional Conduct.
Winston Churchill said, “Perfection is the enemy of progress.” You don’t want to transmit a truly stupid response, but creating a stupid, imperfect first draft is a good way to get your creative juices flowing. Revise a couple of times. The final version can be smart even if it isn’t perfect.
Get to the Point!
More Writing Tips
Find more good ideas for improving your legal writing and communications skills in “Get to the Point” by Teddy Snyder.
Subscribe to Attorney at Work
Get really good ideas every day for your law practice: Subscribe to the Daily Dispatch (it’s free).
Image © iStockPhoto.com
