Thread by @JonahPerlin

Lawyers are often asked to give feedback on the writing of others but they are rarely trained how to do it well.

Every year I give written feedback on more than 350 pieces of #LegalWriting.

Here are 5 quick(ish) tips to give better written feedback on legal writing:

1. PURPOSE

Feedback can have many purposes. Sometimes it's to get a doc out the door. Other times it's to make a doc sound like you (supervisor). Other times to "assess" the writer.

Know your purpose!

Most often it is to make the document better but also the writer better.

This is what we call "formative feedback." Teach the person to fish as the cliche goes.

But many supervisors assume everything will be taken as formative feedback because the writer will figure it out.

They won't. Good formative feedback takes effort and a different approach.

2. FORMATIVE FEEDBACK NEEDS TO BE FORWARD LOOKING.

Good formative feedback explicitly focuses on what to do in the future not just how to fix the problem in the present.

This requires identifying the WHAT (good or bad) and the WHY (explaining why).

Redlining is not enough.

Effective formative feedback develops the writers eye to diagnose what to look for and then how to fix it. This takes time and comments like: "fix this" or "not good" or "great" serve neither purpose.

Instead try: X works well because Y OR A could be made better by B because C.

3. DEPERSONALIZE THE FEEDBACK.

Receiving feedback is hard. You know that because it has happened to you. One way to lessen the blow is to depersonalize the feedback. Focus on "the document" and the "reader" as opposed to the writer when drafting comments.

Honestly, you never really need to use the word "you" in feedback. E.g.,

You need to use shorter sentences in the intro v. the intro would be strengthened with shorter sentences.

Same feedback but you know which one will be received better. Better received = likely implemented

It is OK to use "I" when discussing your personal preferences but recognize that they are your personal preferences not rules given at Sinai.

For example: "I don't use contractions in briefs" NOT "Never use contractions in briefs."

4. TRIAGE.

The person receiving the feedback has limited bandwidth. Focus feedback on the things that matter.

In my experience, the more important the harder it is to do this: Easy to correct periods. Hard to correct word choice. Harder to rethink large-scale organization.

Remember you are also teaching the person (that is the goal!) to better triage the important things in their own writing. It might take more time now but it will save you time in the long run!

5. USE THE WORD BECAUSE.

Unless you give oral feedback, the only opportunity you have to teach the person receiving feedback is what you put in the document or cover note.

So do it.

Use the word because (a lot). It forces you to explain why which is as important as what.

Finally a word about why you should care. Obviously it's up to you. But if you give good feedback, you will:

• Create better writers
• Save your future self time
• Get people to want to work with you
• Help strengthen our profession

It is not easy but IMHO it is worth it!

I hear it all the time: SEND ME GOOD WRITERS, THE ONES I HAVE STINK!

That is the wrong mindset. They are new, of course they are not as good as you.

Writing is a process and you get better from experience. Formative feedback helps make that process faster and less painful!

There is a lot more out there about giving effective feedback. In fact, there is a rich and deeply theorized academic discipline dedicated to studying this within the law.

For that I am grateful to stand on the shoulders of generations of legal writing professors!

In fact, if you want to learn more follow some #legalwriting folks on Twitter and check out Volume 1 of the @LWIOnline Monograph Series:

lwionline.org/publications/m…

TL; dr:

Want better writers. Become better at giving formative feedback.