Having suffered far too many bouts of writer’s block, I decided it was time to examine its causes and chronicle some of the cures I’ve developed over the years. I can only speak to legal writing and to my own idiosyncrasies, but I hope this endeavor proves useful to others. Each new blog post will identify a cause and a cure. Cause #1 - DEADLINE DREAD.
Legal writing is always on a deadline. By legal writing, I’m talking appellate briefs, summary judgment motions, motions to dismiss - all the good stuff that must impress.
I could have a million insightful arguments to make, backed by no less than two million favorable authorities, and something about a deadline instills fear and panic, which leads to the infamous writer’s block.
One would think the obvious cure is – cue mom’s nagging voice – “start early, don’t procrastinate, and you’ll make your deadline.”
If only.
Unfortunately, there’s an as yet untamed force in the universe that actually sets out to punish me for starting early. If this force could speak, here are some things it might say. “Starting early on that brief, are ya? Here’s a blizzard.” “Getting a leg up on that motion, kiddo? Too bad your alternator’s dead.” “Look at her, Miss-On-Top-Of-Things, getting it done. Better look in the basement. I hear a leaky pipe.”
So what’s a more efficacious approach? BABY STEPS. Set attainable goals in increments of time, which could be something like:
On Monday, I will read the transcript.
On Tuesday, I will outline my thoughts.
On Wednesday, I will begin the research….
I have found that with the baby step method, I stop worrying about whether I will complete the project on time. Even if the untamed force attempts to derail me, the goals I’ve set are so perfectly doable that a few hours of shoveling, a trip to the mechanic, or some quality time with the plumber won’t set me back.
This method works even with emergency motions, like the ones you need to file in the middle of trial. The baby steps might be:
At 1:00am, I will craft my argument.
At 2:00am, I will write the motion.
At 3:00am, I will stare into space wondering why I didn’t go to art school…. (Kidding.)
The baby step method also builds esteem, because at the completion of each step, I can relish in my accomplishment. And there’s nothing like esteem to fuel me to completion.
