No matter how sophisticated your audience, it’s always a good idea to include some basics when you have to explain a Thing. Here is an outline that works for legal documents, text and speeches.
When Your Explanation Flies Over Their Heads
You know too much. You want to explain a sophisticated concept, and you assume you and your reader or listener began at the same place. But in fact, you’re explaining the infield fly rule when they need to know the difference between a ball and a strike.
I came across this obstacle twice in a week in journal articles. One article kicked off by asserting that progress in technology and improved access to data was increasing the demand for and use of parametric insurance. Nowhere was there a definition of parametric insurance. An equally opaque sidebar followed the lengthy article.
Not to keep you in suspense, parametric insurance automatically pays a set amount when a specific, measurable event, such as a tornado, occurs. This differs from traditional insurance that pays the amount of the actual loss up to the limit of coverage.
See, presenting a concise definition isn’t all that hard. If you can’t do that, maybe you don’t know your topic as well as you think you do.
The second article addressed how lawyers could negotiate to bring in an MSO. Nowhere did the author explicitly define the abbreviation or say what an MSO does. In more than 1,100 words, there was only one use of the full name of the term, buried in some other information. Turns out it’s a Management Services Organization. That’s an entity separate from the law firm that runs the firm’s business operations — often as an investor — but not the practice of law. This author plunged into the topic without providing any underlying explanation.
(Ed. Note: Roy Ginsburg explains the private-equity-backed MSO model and what it means for small firm owners in this article.)
An Outline to Help You Explain a Thing
This outline works for legal documents, text and speeches.
I. What is The Thing?
We need a definition here. Even when addressing a room full of experts, take a moment right at the start to define the Thing you will be talking about:
“My fellow panelists and I will explain the ins and outs of the recently introduced Arcane Principle. Based on existing statute and a new U.S. Supreme Court decision, Arcane Principle is a newly devised technique for completely bypassing taxation of corporations domiciled in this state. We will provide background and specific drafting guidance.”
In this fictional example, the speaker clearly states that this is a new way to draft documents with the purpose of avoiding taxation of certain taxpayers. This follows the age-old mantra for speakers to tell them what you’re going to say, say it, and then tell them what you told them. The introduction doesn’t have to be long. The details are forthcoming.
If you will be using an abbreviation, acronym, or some kind of nickname, define it at the very beginning. That’s easy in a written piece. Lawyers use this kind of shortcut all the time: Plaintiff Harry Handsome (hereinafter “HARRY”). Hint: save a word and sound like you’re in the twenty-first century by eliminating “hereinafter.”
In a speech, provide a brief definition at the beginning of your presentation: “We’re discussing an aspect of AI. As you know, that’s short for artificial intelligence.”
Like “ATM” (Automatic Teller Machine), the AI abbreviation has become so ubiquitous that many people have forgotten what the letters stand for. No matter how common, define any abbreviation or nickname for the Thing.
II. How Does The Thing Work?
Whether it’s a tool for law practice management or a new way to solve a client’s issue, the lawyer needs to know how to figuratively take it apart and put it back together. That’s the only way the user can customize the Thing for their own needs. It’s the only way to be able to explain the approach to the client, including the benefits and risks. How can a lawyer answer questions about the Thing without knowing all about it?
III. Why Do I Need The Thing?
Now that you’ve explained how the Thing works, you need to explain why utilizing it is better than what has gone before. Resistance might fall under the heading, “If it ain’t broke, don’t fix it.”
Does the Thing you’re explaining expose a hole in the prior approach? Does it work faster or more accurately? Is your audience encountering new challenges that the Thing will mitigate? Does the Thing save the user money? Clearly compare using the Thing to not using it.
Here’s a real-life Workers Compensation example:
| Medicare Set-Aside | Medicare Set-Aside |
| Without the Thing | Funded with the Thing |
| Cost to fund: $130,618 | Cost to fund: $88,611 |
IV. How to Choose a Thing
A bunch of companies are competing to sell their services using the Thing or the Thing itself. What is your message about that? What should your message recipients look for? What circumstances suggest one entity’s product or service over another?
Are you comparing features of various products? Are you recommending a specific product? Maybe you’re explaining how to do something using the Thing—all while communicating that you are the go-to expert.
Different Thing providers might provide a range of levels of price and effectiveness depending on users’ needs. For example, companies with fewer than 10 employees have different needs than those with 500, but both might benefit from using the Thing. Some clients need a sophisticated will and trust which incorporates all of the Thing’s features; others can get there a different way. A chart or table might be the best way to show these comparisons.
How does your message recipient acquire the Thing? You can offer unbiased ways for the message recipient to investigate. If you’re looking for referrals, suggest that people contact you. Your included bio should show contact information.
V. Questions?
Imagine you are arguing at the U.S. Supreme Court. The justices are pelting you with questions. Are you prepared to answer questions about the Thing you are explaining? If you can imagine some of these questions, maybe you should go back and include additional information to anticipate them.
Questions are often a good thing. They show the message recipient has been paying attention. Restate the information to answer the nuance of the question.
Stay Inside the Zone
Your message recipients don’t need to become as expert as you are, at least not now. Your job is to convey adequate information about the Thing you are explaining so they can follow where you are leading.
More Writing Tips
Find more good ideas for improving your legal writing and communications skills in “Get to the Point” by Teddy Snyder.
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