How to Get Started
| Author | John Hollander |
| Pages | 5-21 |
how to get started
chapter one
How to Get Started
no dierent than any other major pro-
ject. Once you have developed the skills to the point that
you can express yourself on paper, you have to answer
three questions.
. What is your mandate? In law school, this may be
simple. What did your teacher ask you to do? In law
practice, it may be simple as well: What did your
client ask you to do? However, it may be more com-
plex, as clients do not always know what they want
and not all of your writing is mandated by clients or
for clients to read.
. What is your theory? A theory is no more (or less)
than a list of all the elements you have to establish to
make your case. Sort out what you must establish to
make your case, then make sure you have all of those
elements covered.
. What is your theme? e theme is more ephemeral,
creative. Why should your case prevail? What emo-
tional factors are at play? It is not enough for you to
say, “My cause is just!” Why is it just? What is the
opposite view? Why is your view better than theirs?
e theme will permeate your brief, opinion, and ne-
gotiation positions. Figure it out at the outset and it
will help you make your case persuasive.
is chapter presents sections on each of these sub-
jects. Only after you have considered these can you struc-
ture your work product. Any document, long or short,
requires careful forethought, planning, and structure.
Mandate
from creative writing in many
respects. For example, lawyers write because they have a
mission to accomplish, while creative writers may write
for other purposes. So what does the mission matter?
e mission, or mandate, is the directive that causes
the lawyer to write. at mandate establishes the ground
rules or parameters that govern the writing project. ese
may be as simple as acceptance of the project “as is, where
is” from the client or senior lawyer who delegated the
task. Conversely, they may be more complex, as clients
do not often understand what goes into the project as
envisaged and undertaken by the lawyer.
What does the mandate tell a lawyer?
• It tells the lawyer the nature of the subject matter.
• It lets the lawyer know who the audience is likely
to be.
• It often provides some structure.
• It may provide a timetable or deadline.
To continue reading
Request your trial