Get Your Blog Read Every Time

Is your blog a dense, word driven monograph? Do people sigh and click away when they see long paragraphs with no white space in sight?

Some studies show that long blogs are better. They cover the topic in depth and are easy to send on to others. Others say the blog should be short. Long or short, the blog paragraph shouldn’t look like this:

Under the English common law all felonies were punishable by death, but there were very few felonies. Criminal homicide was a felony, as also were arson, rape, robbery, burglary, mayhem and larceny. This about completes the list of the common-law felonies, and if we recognize that in its origin larceny was concerned only with cattle stealing, we realize that these would all be regarded as “hanging offenses” in a primitive community. In developing the rule that all felonies were punishable by death the judges merely reflected the general attitude of the community in which they lived. 

Why not? Simply because it is overwhelming for the reader--one look and the reader will move on--it’s too long, dense, and uncomfortable for the eye. There is no relief from all the words. 

Stephen King in his book “On Writing” (the best book on writing in my opinion) says that a paragraph written with “a series of grammatically proper sentences can stiffen a (prose) line, make it less pliable.” King is also against adverbs and passive verbs. King is speaking of fiction. Legal blogs are not fiction, they are meant to give readers information. But, the blog, like fiction, shouldn’t be stiff. It should be pliable, easy on the eye and welcoming. 


Consider this version of English common law felonies…

Jeffrey Silver, a villager in early England, was caught stealing his neighbor’s cow. He was tried and convicted of larceny (cattle stealing), one of the seven felonies of his day. Murder, arson, rape, robbery, burglary and mayhem were the others. Unfortunately for Jeffrey, all the felonies of his time were “hanging offenses.” The judge, after listening to the evidence, found him guilty and, following the law and the will of the villagers, sentenced him to hang. All the citizens came to witness the hanging. 

Now we have attached a person, place and setting to the law. The reader may feel some compassion for Jeffrey while recognizing the harshness of the times. The blog could go on to describe the modern day versions of the same felonies. 

There are also techniques that can add variety and interest to your blog. For example, bulleted or numbered lists:

In early England, the following crimes were felonies:

• Murder
• Arson
• Rape
• Robbery
• Burglary
• Mayhem, and
• Larceny

If convicted of any one of these felonies, the defendant was hanged. 

Adding graphics, maps, charts or photos helps to break up the words and adds interest. You can find them in Google images, Fotolia, BigStock photo and other places on the web or you can use your own photos. 

Fortunately, for the web, the quality can be as low as 72dpi so pictures taken with your smartphone are acceptable. Snap away, you never know when your pictures will brighten up boring text, bringing you more readers and more clients. 

Words to Lose

Words are the magic tool in the lawyer’s toolbox. They are used to argue in court, to write the convincing brief, the ironclad contract or the unassailable will. Many are terms of art in the legal world. 

For your clients, however, they can be terms of confusion.

A recent article in the ABA Journal by Bryan Garner had a list of words that should be on the legal verbal blacklist as words that confuse the reader and stain the document that contains them. 

Such words as:

pursuant to  An age old term that makes new lawyers believe they’ve made it into the club. Think of it as a secret handshake of words. Rather than say “pursuant to the contract,” simply write “the contract requires xyz.’

whereas  Often seen as the introduction to a contract meant to present the reasons for the agreement, it is clearer to simply write a subtitle “Background,” followed by short sentences explaining what’s about to happen. 

witnesseth The word is from Shakespeare’s time considered by some readers to be a sort of command such as “this indenture Witnesseth that...” Not so, the word is indicative, not an order. Get rid of it, both you and your clients will appreciate its demise. 

deem This word is used to create an illusion. For example, for purposes of this story, the cat is deemed to be a lion--it isn’t really, but we’ll treat it like it like a big cat. Banish deem--unless, of course, you do want to create a legal fiction. 

Other words on the verbal blacklist include: said as in “said document” when the document will do; shall--defined by courts to mean “should, is, will and even may,” such--used by clients to mean of that kind, by lawyers to mean the one just mentioned, a difference creating instant confusion between writer and reader. 

Joe Kimble in his book “Lifting the Fog of Legalese,” provides readers with substitutions for those legal terms that can confuse. Examples include:

     Replace                              With
      accede to                            allow
      administer                          manage
      allocate                               divide, give
      effectuate                           bring about
      institute                               begin, start
      previously                          before
      principal                             main
      procure                               buy
      visualize                             imagine      

Kimple provides pages and pages of words that lawyers can use to help their clients understand the documents before them. 

Lawyers using social media to maintain contact with existing and potential clients must be especially cautious. Blog and e-newsletter readers don’t read in depth. They scan looking for information they can use. Help them understand--use the simple word rather than the complex. Your readers will appreciate it. 

Should your blog be long or short?

The conventional wisdom among bloggers is that short posts are better than long and the shorter the better. Recent research, however, suggests that longer articles—those of 2000 plus words—actually rank higher on Google searches. As a matter of fact, the top ten positions for keyword searches are long articles.  

Assuming the study is accurate, does it mean that you must drop conventional wisdom and write only long posts for your clients? Or, should your long post be divided into a series of posts meaning a 2500 word post should be divided into five 500 word blogs. 

There are benefits to both forms. A long article is appropriate when the material requires in-depth analysis. If your practice leads to complicated litigation, onerous tax matters where readers need more information rather than less, long is the right choice. And, your readers would probably like it all at once, not in little dribbles. 

The fact is that long posts are easier to share making it more likely readers will spread the word through the social media. Information that is interesting, of good quality and useful gets shared—a lot—good for you and your firm. 

Some topics, however, are better served in a series of posts. There are times when you need to cover points that are supportive of the main topic and are necessary to help your readers better understand the whole picture. A series of posts can explore those topics in depth where a single long post might restrict your ability to clearly inform the reader. Having a series of posts also brings your readers back to read the latest installment, increasing traffic to your blog. 

I think there is room for both long and short posts. The basic consideration is to create content that is specific to your clients and your practice. While it is often easy to write long, the most important consideration is deliver your message in the best way possible; and in a way that is useful to your readers. Length shouldn’t be the controlling factor. Short or long, there is room for both forms of content. The secret is to choose the best form for your topic. 

Networking Face to Face

Networking: the exchange of information or services among individuals, groups, or institutions; specifically--the cultivation of productive relationships for employment or business.

Bar associations often sponsor networking events. Our local bar, the Ingham County Bar Association began 2014 with a networking event, Meet the Judges Reception. Almost 200 lawyers, judges and law students came together to exchange information, business cards, and to socialize. It was an enjoyable evening; we renewed old friendships and made new ones. 

The marketing gurus tell us that word of mouth is the best referral system around. A person who needs a lawyer asks a trusted friend for a referral and a name is given. If the legal problem is in the lawyer’s field, the lawyer has a new client, but, if not, the lawyer refers the potential client to an attorney met at the most recent Bar Association networking event.
This form of networking, face-to-face contact with a discreet group is but one of the forms that direct contact networking can take. Other forms include:

• Seminars and conferences: combine learning with socializing.
• Boards of Directors: both profit and non-profit—sitting on boards brings you in contact with groups outside the legal world.
• Community involvement: volunteer for an organization that is of interest to you and meet new people along the way.
• Bar association training meetings: meet fellow lawyers, learn new information in your area of practice, and when you can, offer your expertise and teach a session.
• Public speaking for both legal and non-legal groups develops an awareness of your practice.
• Teach at a local college: look around, colleges need adjunct professors to teach various legal subjects.

What to do if you’re shy, don’t feel comfortable in a group of strangers and can often find yourself in a corner, nursing a drink of some sort and talking to the wall? Remember that most of us are shy. It is hard to walk up to a group of complete strangers and enter the conversation. There is hope, however.

The best-selling book by Susan RoAne, How to Work a Room, Revised Edition offers a number of suggestions and is available on Amazon. RoAne starts with attitude—if you think you will have a lousy time, you will—go with the attitude of enjoying yourself.

I know you’ve been told this before, but in addition to knowing your name, which should be easy, have your elevator speech ready; a brief statement about your practice. It also helps to have in mind some conversation starters, such as “Is this the first Meet the Judges you have attended?” And, bring plenty of business cards, handily tucked in a pocket. Ask for the other lawyer’s card—make a note on the back to remember the lawyer’s area of practice. If follow up is
needed, do it soon.

Conversely, if you are in the group and a stranger appears, take a moment to help that person enter the conversation—turn, smile, introduce yourself and the others—and then say, for example, “We were discussing the…” The stranger will appreciate and remember your efforts and this brief encounter can lead to a new friendship, a referral or someone you can refer to others that need their particular expertise.

Six easy steps to keeping your reader reading

When you write a blog post, newsletter bit, or compose an e-blast on a new statute or procedure for your clients, you want them to 1) read it, 2) gain something from it and 3) remember that you wrote it. How do you do that?

Here are six ways to attract and keep them reading:

1. Know your readers—consider their occupation, age range, level of education or experience in the area of law you are writing about. An article for tax specialists can be more complex than, say, a post about what to do if your big rig tips over and spills bees and honey all over I75 in rush hour. (Call 911)

2.Tell a story—facts tell, stories sell. Using the facts of the matter, create a short story setting up the topic. Give your readers as much as they need to understand the situation. 

3. Don’t overwhelm the reader with facts or law or legalese. Explain simply how the law looks at the problem—think of talking to a client rather than giving a speech on the topic to your peers. 

4. Offer the reader ‘lessons to learn’ from the story. For example, the driver of the truck with a load of spilled bees, hives and honey called 911. The local fire and police and local beekeepers came to his assistance. The bees were rounded up, lured back into their hives and the honey was cleaned off the highway. The story of the spilled bees is a unique set of facts that will stay with the readers. The post continued with information on who to call when the spill is a hazardous material such as fertilizer or petroleum.

5. Be Yourself--- Talk to the reader. Replace legal terms with plain English; if you use contractions, use them consistently—don’t use “we’ll” in one place and “we will” in another. 

6. Vary the format--- Examples are Q and A, bullet points, a fast facts box or, as here, a numbered list. 

Finally, don’t forget to provide your contact information. 

For more thoughts or help with your writing, please contact: Roberta M. Gubbins at roberta@robertamgubbins.com or 734-255-9119,
   

   

I Can't Help It. I have to write about Drones.

The whole idea began with military drones attacking specific targets, spying on people, raising concerns among those who think we might have some privacy left. However, they were military drones flying in foreign lands and not in our backyard. We couldn’t see them flitting about like giant fireflies invading our personal space purported to be about 500 feet over our homes.

The drone problem became more immediate when Amazon announced it would use drones to deliver packages. They are called delivery drones and while more a publicity stunt than reality, I’m sure the day will come when delivery drones are buzzing around delivering pizzas.

Of course, the lawyers among us see them as a fascinating legal problem—see the recent ABA article—  Delivery Drone Plan presents Legal Minefield 

The article lists the following possible issues:

Police RaptorCaptor

• Liability—drone crashes, who pays for damage
• Privacy—can a drone be a peeping tom or is the pilot the responsible party and who is charged with the crime
• Insurance issues—the insurance industry has no answer but is puzzling it out

I live in Michigan, the land of hunters and fishers. I can easily foresee our hunters grabbing their rifle or shotgun, dashing out the door, taking aim and shooting down the drone for invading their personal airspace. The citizens of Deer Tail, Colorado (located about 55 miles east of Denver and also full of outdoorsy folks) came up with a clever moneymaking idea. 

For a fee of $25.00 the citizens can buy a drone-hunting license. Hunters who shoot down a drone and bring it to the city fathers will receive a $100.00 bounty. Bounties are not new. They have been used effectively in the past to rid a city of rats, crows, sparrows and other pests. It might work here. 

Lastly, there is a drone called Skyjack, created by serial hacker and security analyst, Samy Kambar. It can seek out a drone going about its business, take over the controls and effectively turn it into a zombie drone that will bend to the will of the new operator. What will the law say about that? Assume the drone is in your airspace, you zap it with fancy technology using your Wi-Fi and bring it into your garage, take its cargo and keep it for your own use. Is that a crime? Who will enforce it? Who will report it? Can the true owner track it down?

Lot’s of fun questions. This might be a new niche area of law that will keep some enterprising lawyers busy for a long time. 

Click here to see a drone in flight:

Social media not your style? Open a Kiosk practice.

Social media is the “in” marketing tool for everyone, including lawyers. It is touted as the best thing since, well, sliced bread. Books are written about it, blogs tell you that real lawyers blog, twitter tells you to say it in 140 characters, and then there is Pinterest, Tumblr, Facebook and LinkedIn and new sites as yet not thought of. All of which are calling for your presence. 

But what if you want to simply talk to live people, listen to them, see them, use your well-known listening and speaking skills to help them find and solve their problems? 

One solution might be to open a kiosk. Kiosks have been around since the 13th century when they were small open pavilions placed in gardens. Now vendors use them wherever people congregate to sell small consumables or to dispense information and advice. Where can a lawyer put a kiosk?

How about the airport?

Those who remember when air travel was a pleasant, even joyous experience will also remember that it was a bit more dangerous. To satisfy the need to provide for our loved ones if the plane should go down in a cornfield, there were kiosks at the airport where you could buy short term travel insurance, designed to leave your adoring relatives a sizable inheritance should they have to carry on without your presence. 

Now air travel is a bit safer but ever so unpleasant. 

A lawyer at the airport could handle a variety of matters such as the documents needed if disaster did strike—the usual powers of attorney, simple wills, or statements describing the funeral if it becomes necessary. Passengers would board the plane secure in knowing they had provided for their families. 

Then there are the lawsuits that could be filed. 

Trouble with TSA?--perhaps a passenger’s civil rights were violated as the agents searched all their personal items including their person; or, their iPad, Laptop, and wonderful new camera are missing—they can immediately go to the Kiosk Lawyer, get the forms and file the complaint. 

Passengers stuck on the tarmac for hours without water, food, fresh air, heat or air conditioning? Call the Kiosk lawyer from the plane and start a complaint. Missing luggage? Airport delays? Talk to the Kiosk Lawyer to discover your rights.  

You can see the possibilities. 

Perhaps at the mall? 

Shoppers could stop by, discuss their problem in “real time,” and a solution might be reached or a later appointment set for more discussion. The new client would go off to continue shopping relieved that a solution to the problem might be at hand. You would be satisfied knowing that you had contact with a human being and another satisfied client.   

Or, take your kiosk on the road

Kiosks can be portable making the practice of law an adventure. Travel up and down your state, set up your Kiosk in the center of town, at fairs, wherever people congregate and practice your trade in real time with real contact with real people with real problems. 

No Social Media required. Just some old fashioned posters announcing your presence. All the marketing you need. Foot traffic will take care of the rest.