Good legal writers have a number of standard persuasive writing tactics in their arsenal, such as concise wording, action verbs, and active voice. But attorney Robert Dubose, the luncheon speaker at the Michigan Appellate Bench Bar Conference last April, believes we need an updated approach to persuasive legal writing in the “paperless world.”
Dubose argues that, given the technological shifts in the practice of law, attorneys should write legal briefs for the electronic screen—not for the printed page. This means designing documents as you’d design a Web page, with a focus on clarity, simplicity, and usability. It also means using tricks to get vital information to your reader as quickly as possible and to set your writing apart from other Internet-based distractions, such as incoming e-mail, instant messages, sports scores, news articles, and more.
While I find Dubose’s argument regarding the attention spans and preferences of modern readers sobering (and even a little sad!), I can’t argue with his basic premise. Readers today don’t read in a vacuum, and writers should take that into account or they’ll pay the price with a brief that doesn’t get read. Here are some of Dubose’s best tips for persuading readers on an electronic screen:
- Enable skimming. Put important content in headings and use short summaries. Dubose notes that most Web readers skim in an “F pattern,” so use clear headings and topic sentences for your arguments. And because readers find structure by skimming down the left side of the page, bullet points and lists are key tools for important points.
- Shorten everything. Dubose notes that Web studies indicate that people actually spend more time reading when there are fewer words on the screen.
- Make your arguments as plain as possible. Don’t depend on the reader to make connections or logical leaps. Use an intuitive logical structure, indicated by your headings, that requires as little thought as possible.
- Use white space to your advantage. White space gives the reader a break and sets off your arguments.
Most of these tips are useful whether the reader accesses your writing on an electronic screen or not. And although they’re tailored to the writing of legal briefs, Dubose’s tips are worth considering for any writing task, including e-mailing a client or writing a cover letter for a job application.