The Write Stuff: Q&A with Top Author & Employment Attorney Daniel Schwartz

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[The latest in our series of Q&A discussions on successful writing in the business realm with recipients of JD Supra's 2016 Readers' Choice award:]

A partner at Shipman & Goodwin LLP in Hartford, Conn., Daniel Schwartz represents employers in a broad spectrum of employment law matters such as employment discrimination, restrictive covenants, human resources, retaliation and whistle blowing, data privacy and wage and hour issues. Since the onslaught of Facebook and Twitter, Schwartz says you don’t need a blog to have a following but a blog can provide you with something greater than just a cyber profile. It can help you hone your writing. As a result, the habitual act of blogging — researching, distilling, and writing — is something that will end up making you a better Facebooker, Tweeter, and lawyer.

...when you start to view judges as people and your audience as individuals it helps focus your writing.

JD Supra: Why did you start Connecticut Employment Law Blog in 2007?

Schwartz: I started it because I saw other people who were viewed as experts in their field and I thought I was on the same playing field. I decided to start a blog to raise my own profile.

Another reason I started the blog was because I secretly wanted to be an op-ed columnist for the New York Times. Blogging was an opportunity to get back into writing that was understandable and not filled with legal jargon. Briefs and demand letters have certain formulas that a blog isn’t constrained to. I can write a blog however I want.

What were your expectations for writing when you first began? How have your expectations changed?

I didn’t really have high expectations. I thought if I could get someone other than my mom and mother-in-law to read my blog that that would be pretty cool. And, if I could get some business from it that would justify its existence.

There was no Facebook or Twitter back then so the paradigm has shifted completely. Now, you don’t need a blog to have a following. My expectations shifted and I’ve gotten to a point where I don’t really care about expectations. If I get clients from it, great. If I get speaking engagements or press inquiries from it, great. Now my expectation is to try to answer the question, “How is this issue that I’m writing about important to my target audience of employers?” If I can’t answer that then I don’t write about it.

What is your writing process?

I post two to three days a week. My writing is usually done on Sunday evenings or early, early in the mornings at the office before the phones start to ring or emails start to come in. That’s when I write a few pieces that can carry me for the week. I try to get the thought out and done and try to schedule the post or publish it immediately.

The first six months of writing the blog was tough because I was trying to find my voice. Speaking like a human and not as a legal newsletter writer was critical to enjoying the blog.

Good legal writing doesn’t have to be filled with legal jargon, in fact, it shouldn’t be.

Blog writing has made me a much stronger writer and that’s transferred back to my legal writing. I’m more confident now in my voice when writing briefs. I’m comfortable deviating from the formula of brief writing while still keeping it appropriate legal writing. Good legal writing doesn’t have to be filled with legal jargon, in fact, it shouldn’t be. I’m a firm believer that there be no footnotes in blogs.

Out of law school, we’re taught how briefs have to be formulated but when you start to view judges as people and your audience as individuals it helps focus your writing. Strip away the “herein” and “whereas” and get back to good straightforward legal writing. People should and can disagree about Justice Scalia’s opinions but you can still appreciate his writing. I was taught to use the word “because” — that sort of directness informs my writing. Simpler doesn’t mean lack of logic. Using simpler sentences makes it easier to understand and doesn’t necessarily make it less forceful. I’m proud of eventually finding that voice on my blog.

How do you benefit from your writing?

I’ve enjoyed the practice of law and the nuances even more. Being able to share my enthusiasm of interesting developments and getting feedback has made the process more enjoyable. It’s allowed me to do something a little different while still doing what I love, which is the law. To be able to bend both of those things, writing and law, allows me to be in the best of both worlds.

From a professional side, it’s paid for itself ten times over. I’m no more of an expert before starting the blog but Google sure thinks I am. In this society, if Google thinks you’re important, then you are. But really, the best is being validated by my peers. The highest honor is when other lawyers call me up and ask for advice on matters they’re working on.

A blog is only a tool. Unless you make the additional outreach you’re only going to get so much out of a blog. Once an in-house counsel of a non-profit sent me a comment on a blog post I’d written, later we had lunch, and then later she became a client. We developed a real-life relationship from an online one. The blog isn’t the direct path to it but it was part of that. It works as a tool to help you get introductions and bolster your reputation.

What is the value in writing?

The joy of writing is a real important part of it. If you don’t enjoy writing, there’s no value in it. It will be a chore. A blog that doesn’t get updated is worse than having no blog at all — it shows lack of commitment.

When it becomes a chore then I know I have to stop.

Don’t write for search engines. The robots may be interested but readers aren’t. Write for your neighbor, your audience.

Do you have any specific takeaways for new bloggers?

Having a specific focus is critical. For me, having the title of my blog be Connecticut Employment Law has given me a focus. If it doesn’t pertain to the title of my blog then I don’t write about it.

Have a schedule, put it on your calendar, so you do it at least once a week if not more.

Keep it short. We’re in the age of Twitter and Snapchat. No one wants to read a treatise. Short and a little pithy works best. Most of my paragraphs are one to four sentences long, unlike legal briefs which can take pages. Breaking those thoughts down make it more readable.

Write what you want to read. If you don’t find it interesting, your readers probably won’t either. Be the fish swimming up stream who is more interesting. Too many blog posts now are just online newsletters. Who wants to read more than one of them? Everyone can read the same summary of what the law says — give your take on it. Why it’s important and why do you think the conventional wisdom is wrong?

Don’t write for search engines. The robots may be interested but readers aren’t. Write for your neighbor, your audience.

Write what you want to read. If you don’t find it interesting, your readers probably won’t either.

Work with your law firm; I’ve had support from them, and my current firm really understands how vital a blog is to our collective efforts.

When I started, a blog was the most convenient way to convey my message. There are now so many different outlets with social media that you don’t necessarily need a blog but I think it’s a good tool in your arsenal. Wherever you publish you still need to be in multiple places — Tweet about it, put it on LinkedIn, put it on Facebook because your audience is everywhere now. Sites like JD Supra are essential components to that. There is an audience that is only looking at JD Supra because they don’t have time to look elsewhere. So being on sites like JD Supra is a very good tool so long as you don’t think it’s a panacea.

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[Dan was recognized as a top writer in the employer liabilities category of JD Supra's 2016 Readers Choice awards. Follow and read his latest writings here.]

 

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