Getting started is sometimes the hardest part.
Tips for getting past writer's block
As I start this Substack journey, I’m reminded that sometimes the hardest part of legal writing (or writing in general) is getting started.
You may have an idea of the arguments you want to make but no idea where to start with writing the Motion. Or, you’ve done a bunch of research and understand the concepts but aren’t sure how to boil them down into a summary and argument that gets your point across.
Here are a few tips.
Look for an example.
First, there’s no sense in recreating the wheel if you have resources that can get you started. It’s always a good idea to look for an example that you can use as a starting point. Sometimes it feels better to just have a framework of a document before you start on the substance.
Make an outline.
Outlines can be a very useful tool for organizing your thoughts before you actually start forming sentences.
I, personally, have never been a big fan of outlining for practical documents—motions, briefs, etc. But I will do them if I am asked and can understand how they’re useful. They can help organize the document and can help get the team on the same page about the arguments before spending a bunch of time drafting.
In academic writing, I use outlines often. When I start a new law review article, I always draft my Table of Contents first. That helps me conceptualize the argument and the flow of information I need to give to the reader to make my point.
Put words on paper.
When it comes to actually writing, my advice is always to just put pen to paper. No one is judging your first draft that you’re not turning in. (NOTE: There will be a theme here. Editing is key.) The point is to put pen to paper (figuratively—because who handwrites these days) and get ideas out of your head and onto the page.
If you didn’t outline, you can organize later. And, you can always edit the prose to make it more concise and persuasive. I promise it’ll feel better later to come back and know that your ideas have been recorded and you’re no longer at square one.
Sometimes to fight blank screen oppression, I open a new email message on my phone and use voice-to-text to “jot” down my thoughts. I will then email myself and copy and paste into the motion or brief on my computer, which already has a case style, intro paragraph, closing, and signature block ready to go from another case; just need to change names, etc. Usually I open a recent motion and delete all of the numbered paragraphs except 1 so I don’t have to reformat the indentions in Word. This way I don’t start with a blank screen and cursor blinking at me like an impatient drill sergeant.