Writing Tips from Ross Gubermann

By Ross Guberman –

When partners report the symptoms of associates’ writing problems, they often sound like a patient who goes to the doctor and says, “I don’t feel so hot, but I can’t quite put my finger on it.”

So below I reveal the four writing symptoms that BigLaw partners most often report. And then I share the diagnoses that these vague observations likely reflect. I even prescribe a treatment plan or two—but don’t worry, PD professionals, I promise not to send a bill!

First Vague Symptom: “He writes like he’s still in law school.”

Likely Diagnosis: The associate still expects to be rewarded for “ideational fluency”—the skill that gets you top grades on law school exams. He is probably an intellectual type who loves “on the one hand,” “on the other hand” analyses but is afraid to take a firm position on any legal issue.

(Hint: This problem often disappears if the associate commits to setting forth on the first page of every document a single idea or action that he want to reader to endorse.)

Second Vague Symptom: “Her writing is not persuasive.”

Likely Diagnoses: The associate spends too much time discussing cases and authorities without linking them to the client’s fact pattern or business goals. Or she thinks that hyperbolic attack language is a substitute for reasoned analysis. Or both.

(Hint: These associates often improve if they learn to explain exactly why various authorities help their client’s cause before they engage in any copying-and-pasting or quoting.)

Third Vague Symptom: “His writing needs more punch.”

Likely Diagnoses: The associate is miming the stereotypes of lawyers’ writing, purposely seizing on every possible heavy-handed or pretentious construction, all the while linking his sentences with stiff connectors like “Moreover” and “However.” Or he is not confident enough about the subject matter to express thoughts directly, naturally, and even evocatively. Or both.

(Hint: In many cases, these associates will improve if they start using the readability statistics function in Microsoft Word.)

Fourth Vague Symptom: “Her drafts are way too long / don’t get to the point.”

Likely Diagnosis: The associate probably clings to the myth that the only way to make a document shorter is to cut important content, which she doesn’t want to do. Someone probably once criticized this associate, in fact, for leaving out some essential point, so now she overcompensates by including every possible detail and issue, no matter how remote.

(Hint: These associates need to learn that they can cut at least a word or two from most of their sentences. If they can trim things down at the word level by spotting common wordiness culprits, they won’t even need to consider cutting anything of substance.)

By the way, if you think partners are vague about associates’ writing problems, you should try talking to the associates themselves. The problems they report to me are nearly always external: the firm never gives them enough time, or they just can’t adapt to the varying styles of those crazy, idiosyncratic partners. But that’s a topic for another day!