Legal Writing -- Small World
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Transcript of Legal Writing -- Small World
Using Transitions to Create a “Small World” for Your Legal Reader
Believe it or not . . .But the same principles that Walt Disney used when designing the Disneyland ride, “It’s a Small World” should also guide you as you create a legal document.
To prove it . . .
Let’s Take a Ride!Okay, we get on the
boat. The first thing I notice is that I don’t have to row the boat. It’s moving for me.
Question 1: How does that fact relate to legal writing?
Legal Readers are LazyNot really – but they are busy,
so try to write your document in such a way that the reader can just glide through it easily without making the process feel like work.
Of course, how do we do that?
Organization and Transitions
Two of the most helpful ways to make your document one that is more easily readable is through proper organization and effective use of transitions.
Let’s return to “It’s a Small World,” and I’ll show you what I mean.
The Ride Begins . . . We approach a dark
tunnel, but as we do we notice a sign that says . . .
Question 2: Why did Walt Disney decide to put that there?
Let’s Visit the Children of the World!
First Stop: Europe!
Well . . . It does a couple of things:
1. It tells me what this ride, overall, is all about.
2. It also tells me at which specific point we’re going to begin.
Question 3: Why not just let the riders figure that out for themselves after they round the corner?
Answer:If we were to round the corner not knowing
what is next, we’d have to spend our first few moments there figuring out what’s going on.
During that period of time in which we’re reorienting ourselves, we’re distracted from what’s going on around us.
Questions 4, 5, & 6
How does all this relate to legal writing?
In a legal document, how do we give the reader overall context at the beginning?
Following that, where and how do we tell the reader where we’re going to begin?
Back to the Trip: EuropeSo we round the corner and
we’re in Europe.
Notice we moved from the general (i.e., the world) to the more specific (i.e. Europe).
Okay, let’s look around . . .
How do you react to the following?
Looks Good . . .Nothing odd there, it’s consistent with my
expectations based on what I was told earlier.
Specifically, they told me we’re going to Europe, so it seems logical to me to see some representative of France, which in this case is can-can girls.
Also, notice how we’re getting even more specific – we’ve gone from the World to Europe and now to France.
What about now?
Now I’m Confused . . .
They told me Europe, and I get an Eskimo!
At this point, I’m confused and distracted. In fact, I may spend the rest of the ride wondering why in the world they put an Eskimo in the part about Europe?!?!
Question 7
How does this relate to legal writing?
Well, if you tell your reader that you’re going to focus on one area in a given section, and then you stray from that area, your reader will be confused, distracted and maybe even a bit annoyed.
On we go . . .Okay, as we move
through Europe, the little dolls get less and less until finally they’re all gone. I notice up ahead is another dark tunnel. However, before the tunnel is the following sign: Hang on, Mates! We’re headed to
the land DOWN UNDER!
Question 8Why did Disney put that sign
there?
Well, it let’s me know for sure that I’m finished with one area and also what’s coming up next. It also minimizes any fears I might have about what’s waiting for me around the corner.
Question 9
What do you think would happen if, halfway through our “trip” of Australia, I saw the following sign? Let’s Visit the Children
of the World!
Current Stop: Australia!
Annoyance!They told me earlier we’re going
to Australia and looking at the dancing kangaroos, I can tell that’s where we are now.
So to force me to look at something that only repeats something I’m already well aware of is so annoying that it’s distracting.
I would have the same reaction if, after Australia, we went back to Europe.
The Home Stretch . . .Alrighty, we continue to
make our way through the other continents.
Notice how in each area, the ride keeps telling me what’s coming next and then stays true to that promise.
At no point in the ride am I confused.
Question 10However, after leaving the last continent, I’m treated to a collection of dolls, one from each continent, and they’re all singing and dancing alongside one another. Why did Disney do this?
Answer
Well, it let’s me know the ride is almost over. Specifically, it does this by moving from the specific continents back to the larger context.
Question 11: How does this relate to legal writing?
Question 12: Epilogue
If you were to interview folks after they finish the “It’s a Small World” ride, what do you think they’d say?
Final Question
If a good legal document is analogous to “It’s a Small World,” what kind of ride do you think a bad legal document is analogous to?
A Haunted House
How so? Well, when you enter, it’s completely dark so you
have no idea where you’re starting or where you’re supposed to end up.
You have to work pretty hard to get out of the place, often feeling your way in the darkness.
Occasionally, someone jumps out and scares you, leaving you to wonder where the hell they came from and whether they’re coming back.
When it’s all over and you’re running for safety, all you can think is “Thank God that’s over!”