New York State Bar Association

Writing Is Solitary But Not Isolating

by David Krell
david@davidkrell.com

In my last blog post, I mentioned my book project involving the
Lone Ranger character. The book will be based on an article I wrote for the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal in 2009.

As I wrote the article, I realized that I could greatly expand each section of it. What I soon realized is a lesson embraced by non-fiction writers -- a book proposal is your first goal, not a manuscript. A proposal has a book synopsis, author bio, marketing plan, target audience, 1-3 sample chapters, comparable or competitive titles, and a Table of Contents with a brief description of each chapter. It’s what literary agents want.

The problem was simple. I didn’t know how to do it. Sure, I bought a couple of books on the subject. But I needed feedback. So, about a year ago, I enrolled in a
Media Bistro course about non-fiction book proposal writing called, appropriately, Non-Fiction Book Proposal Writing. I sent out some query letters to literary agents, but I needed to go further. I enrolled in another Media Bistro class in September about non-fiction book writing so I could refine my sample chapters and pick up additional tips about my proposal. It was called, appropriately, Non-Fiction Book Writing.

My class instructors and classmates provided feedback that leaves me eternally grateful. Seeing your work through someone else’s eyes is an invaluable part of the writing process. I still exchange ideas with classmates. We’re keeping each other accountable regarding our weekly progress.

About a month ago, I attended the
Writer’s Digest Conference in New York City. Again, I picked up tips at seminars, practiced my pitch on other attendees, and learned of their similar ambition, passion, and challenge in the writing process.

The common thread through these experiences of the past year is not my ambition to write a book. Rather, it is my increasing appreciation to connect with other writers, learn from their similar and disparate challenges, and, hopefully, add value to their projects with my insights.

Facing a blank page or computer screen can be daunting for any writer. Writing is, essentially, a solitary endeavor rooted in the writer’s ideas, creativity, and approach to the subject. Compounding the solitude with finite isolation will form a moat-like abyss around the writer who will creatively live in a lonely castle.

If you want to write, then write. But do more than that. Join a writer’s group or form one. Take a writing class. Go to a writer’s conference. Share your goals, fears, and challenges with other writers. You might just be surprised at what you find. I was.

Before the Conference

by David Krell
david@davidkrell.com

In the next seven days, I will attend two high-level conferences Writer’s Digest Conference and New York State Bar Association’s 2011 Annual Meeting. From past experiences, I’ve learned three golden rules for networking at conferences, seminars, and workshops.

Rule #1: You can’t do everything, so don’t even try. Conferences with a few hundred attendees can be overwhelming. Every topic looks interesting. Every party looks like a good opportunity to prospect for clients. Remember that episode of
The Brady Bunch where Marcia signed up for every club on her first day of high school? It backfired. She wound up being in a club with a bunch of snobs who she didn’t even like in the first place. Select your avenues carefully. Make a goal to leave with a few solid business contacts cultivated with thoughtful conversation rather than a handful of business cards with no corresponding information.

Rule #2: Arrive early. No, you don’t want to get there earlier than the crew setting up tables, chairs, and microphones. But you do want to give yourself a nice cushion of time, perhaps an hour before the presentation. Early arrival gives you a chance to check your email, scope out your potential contacts, and relax with a snack before the main event. And that brings me to Rule #3.

Rule #3: Eat. I’m serious. Make sure you eat three healthy meals plus an occasional snack during the day, preferably a banana or orange. If you carbo-load or guzzle coffee by the vat, you’ll likely increase your chances of high energy followed by an energy crash. You can’t afford the crash in a highly valuable networking setting like a conference. If an army travels on its stomach, so should we all.

Attention Law Students: Use Legal Writing In Your Job Search

by David Krell
david@davidkrell.com

Last Wednesday, I had the opportunity to talk to some students at New York Law School about networking, job search, and non-legal careers for lawyers. These students are facing the bleakest economy since the Depression, particularly in the legal sector. Law firms have imploded. Mega firms have merged with mega firms to create ultra-mega firms, thereby necessitating layoffs. And law schools continue with traditional On Campus Interviewing that largely address the top 20% of the class
law review students, Moot Court Board students, and the like.

For the other 80%, even a summer job may not be likely. Nor will a volunteer position at a legal agency because of the sheer inundation with resumes triggered by the scarcity of paying jobs.

So how can a law student distinguish himself or herself? Write.

The New York State Bar Association has several practice sections with a journal for each section. Approach an editor by phone or e-mail to see their processes for accepting articles for publication. Spending some of your summer by researching a legal topic for an article with your byline will be a good investment. For job interviews during the Fall, your fellow students will be armed with excerpts from briefs, motions, and memoranda they wrote during the summer. You will be armed, on the other hand, with a published article in a prestigious journal read by your interviewer’s peers, competitors, and clients.

Plus, there’s a bonus. You can use your article research to network. When you pick your topic, find out the leaders in that area of law. Then, send an e-mail request for an interview so you can include their views on the topic in your article. Suddenly, you are building a network of power!

So, even if you can’t get a legal job for the Summer and you wind up in a part-time position for the family business, a professor, or a non-profit organization where you get school credit in lieu of a paycheck, use some of your Summer to put those legal writing skills to work.

Of course, you’ll need to familiarize yourself with The Bluebook again. Oh well, who said Summer reading was supposed to be pleasurable anyway?

What Should I Write About?

by David Krell
david@davidkrell.com

Frequently, I meet attorneys at conferences, workshops, and seminars who want to know more about writing.
How do I get published? Where should I look to get published? What should I write about?

The first two questions can be answered generally with relationship building, luck, and, oh yeah, knowing how to write effectively. I cover specifics in consulting sessions or speaking appearances.

I can answer the third question with a story. My latest article has just been published in the Summer 2010 issue of the New York State Bar Association’s
Entertainment, Arts and Sports Law Journal. The article -- Of Law and Labatut: The Story of the Vietnam Veterans Memorial.

I cover the legislation authorizing the memorial and its subsequent enhancements, the history behind the origin of the Vietnam War, and the popular culture responses to America’s involvement in Southeast Asia. My inspiration actually came from a paper I wrote in college for Architecture 170, a class taught by Brian Kelly at the University of Maryland, College Park. We had an assignment to analyze a monument or memorial in the Washington, D.C. area according to the paradigm in Jean Labatut’s article
Monuments and Memorials.

When I came across the paper last year, I decided to use it as a basis for an article covering the legal, historical, and artistic angles of the Vietnam Veterans Memorial.

So, if you’re looking for a topic, do some Fall Cleaning! That paper you wrote as a sophomore for your Political Science class may just be a topic or springboard for a law review or bar association article.

Looking Back at a Season in Hell

by David Krell
david@davidkrell.com

Today marks a milestone for me. One year ago today, I entered the digital universe by creating my own web site and blog. What I once considered a season in hell because of an apocalyptic economy seems profitable in retrospect. Not financially -- two freelance consulting jobs throughout the year. And I’m still looking for a job or projects. But it was profitable in a Rocky Balboa way. In
Rocky Balboa, the title character tells his son:

But it ain’t about how hard ya hit. It’s about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That’s how winning is done! Now if you know what you’re worth, then go out and get what you’re worth. But ya gotta be willing to take the hits, and not pointing fingers saying you ain’t where you wanna be because of him, or her, or anybody!

Keep moving forward, indeed.

The questions most often asked of me concerning my web site and blog -- How did I do it? Why did I do it?

Simple. I got laid off from my job as a legal conference producer in November 2008. Rebranding myself seemed to be necessary, if not vital. So, I went through my resume to strongly consider the value that I bring to an employer.

At first, the jobs on my resume seemed disparate -- attorney, gubernatorial campaign’s deputy press secretary, television news writer and producer, freelance magazine article writer, media commentator, legal conference producer. I soon realized the common thread is my passion -- writing.

Ok, I identified my passion. I have the skills and experience to adapt my writing to an employer’s or client’s format. But the worst economy since the Great Depression of the 1930’s gave no hint of loosening up during the holiday season.

I faced factual and anecdotal data concerning an apocalyptic economy. Phone calls to friends, contacts, and former colleagues remained unanswered. Watching CNBC gave no hint of daylight in the gloom and doom. Layoffs, fear, and cutbacks were the watchwords of 2009.

I found inspiration in the movie
Any Given Sunday when Miami Sharks Head Coach Tony D’Amato (Al Pacino) gives the big speech before the big football game.

We’re in hell right now, gentlemen. Believe me. And we can stay here and get the shit kicked out of us or we can fight our way back into the light. We can climb out of hell. One inch at a time.

I climbed my first inch out of hell by attending the pilot program for Shelly Palmer’s Get Digital seminar at the National Academy of Television Arts & Sciences. I learned the importance of becoming digital savvy, owning a Blackberry, and rebranding myself in a fiercely competitive economy steeped largely in digital technology.

Get Digital inspired me to go further on a digital journey. I took a 2-hour web site design course for novices at Tekserve, an authorized Macintosh/Apple computer retailer and repairer located on 23rd Street in Manhattan. After the course, I bought the RapidWeaver web site design program. Being technologically challenged, I forced myself to read the manual again...and again...and again. Within two weeks, I learned how to design my own web sites and blogs.

I attended the International Trademark Association Annual Meeting in Seattle where I met a law firm marketer. A couple of weeks after the conference, he hired me to write the copy for one of his clients, a prominent law firm based in Mexico City.

I also met an editor from the Latin American intellectual property magazine
Marcasur. She requested that I write an article about my passion -- writing. My article Your Writing Is Your Trademark appeared in the July - September 2009 issue. I’m also moderating a writing workshop at the INTA Annual Meeting in May 2010.

I lobbied the New York State Bar Association’s
Entertainment, Arts, and Sports Law Journal for a regular column focusing on important deals, people, and events from historical and legal perspectives. Result: Krell’s Korner was born. The first column was published in the Fall-Winter 2009 issue. It concerned the deal between ABC and Walt Disney that allowed the animator to build Disneyland.

In November, a former colleague hired me to conduct legal and historical research concerning one of his company’s well-known entertainment characters. The research culminated in a massive report that left no stone unturned concerning the character’s business and legal history.

I attended the New York State Bar Association’s Annual Conference where a panel discussion concerning the new economy persuaded me to further my rebranding as a communications expert. Result:
The Writing Guycommunications was born.

I reconnected with a friend who hired me to consult on a trademark issue for one of her clients, a designer of games and applications for the iPhone.

I lobbied my alma mater, Villanova Law School, to host my CLE legal writing workshop for alumni.
Stop Writing Like A Lawyer!will take place on April 7th.

Throughout, I wrote more than 70 blog entries about writing and communications. I created a second web site called
Our Television Heritagethat houses my blog and articles regarding television history.

Last night, the last night of my first year as a digital savvy attorney/writer/blogger, I attended a panel discussion hosted by the City Bar Association of New York --
Using Your Law Degree for Something Other Than Practicing Law: Exploring Non-Legal Roles Within Law Firms. The panelists believe that the economy is showing signs of loosening regarding hiring law firm marketers with legal backgrounds and outside writing consultants.

I certainly hope so.

The Luxury of Time

by David Krell
david@davidkrell.com

When tackling a project that requires writing, one cardinal rule stands out -- start early.

During the new year’s holiday, I started working on a piece concerning the Vietnam Veterans Memorial for
Krell’s Korner. Krell’s Korner is my column in the New York State Bar Association’s Entertainment, Arts, and Sports Law Journal. The piece about the memorial will appear in the Fall-Winter 2010 issue.

The deadline is May 21st.

During the massive snowstorm that hit the East Coast on Wednesday, I finished the first draft. I also completed a double-check of the footnotes against the format rules in
A Uniform System of Citation (18th Edition), a.k.a. The Bluebook.

The Bluebook
has a rule for every type of citation in a legal brief, legal memorandum, or law review article. The EASL Journal follows the law review citation requirements.

So, just a few tweaks for another draft and I can send the column to my editor for comments.

That’s one approach.

But I will use the next couple of months to do the following three things.

First, I will send the draft to some potential interviewees for the column with the luxury of time to respond. The column will stand alone, but interviews will enhance it. If I give myself a deadline to get the interviews by April 1st, I will have six weeks to get the interviews and, in a worst case scenario, another six weeks to incorporate the new information into the column.

Second, I will take a break from the column for a couple of weeks because absence makes the editorial mind grow sharper. After a break, I will see areas for improvement that I did not see during the adrenaline rush of writing.

Third, I will work on other projects. Now that the first draft is finished, I have the time, attention, and energy to focus on looking for consulting projects and a full-time position. I can also practice for my
Stop Writing Like A Lawyerthat I’m hosting on February 25th at my alma mater -- Villanova Law School in Villanova, Pennsylvania. In May, I’m moderating a writing workshop at the International Trademark Association Annual Meeting in Boston.

Start early. Give yourself the luxury of time.

Writing = Networking

by David Krell
david@davidkrell.com

On Monday, I met a lovely young woman at the New York State Bar Association’s Annual Meeting.

On Tuesday, we met again at the cocktail party for the NYSBA’s Intellectual Property Law section. We talked about different ways that a lawyer can distinguish himself or herself. Naturally, I suggested the writing option. Every section of NYSBA has a journal. Every journal needs content. So do trade magazines, law reviews, and bar association journals.

At career development seminars, panelists frequently talk about writing as a viable option to brand yourself as an expert on a given topic. They suggest the avenues I just mentioned. Because we live in a digital age, they also mention blogging and tweeting.

But they don’t tell you how you can benefit beyond the branding. I will.

In a word
networking.

Let’s take our fictional friend, Larry Lawyer. Larry is in his late twenties, so he’s not experienced enough to speak on bar association panels. He just joined the NYSBA’s Intellectual Property Law Section because he wants to specialize in representing musicians, but he doesn’t really know anyone in the field. The next deadline for submission to the NYSBA’s
Intellectual Property Law Section Journal is three weeks away -- not enough time to write an in-depth analytical piece in a law review style. Because the journal only comes out three times a year, Larry will not have another opportunity for several months. What should Larry do?

Larry’s solution lies in its problem -- write a practical piece with quotes from industry leaders rather than an analytical piece. For example,
The Top 5 Things Every Music Lawyer Needs To Know.

Then, Larry can target industry leaders from music companies and law firms to interview for the article. What do they think are the top five things every music lawyer needs to know? You can get into a person’s office a lot easier by writing an article concerning his or her area of expertise than you can by sending resumes or requests for informational interviews.

The process is not only beneficial for Larry. The most successful attorneys I know speak on just about any panel and sit for any interview to which they’re invited. Their appearances reinforce the public’s perception of their leadership, expertise, and experience in a given area. Hopefully, the perception leads to more clients.

If Larry interviews five industry leaders, he expands his network to include five people of influence, knowledge, and stature. And those five people know five other people who know five other people...and so on and so on and so on.

And it’s all because of an article that is oriented in practicality, utility, and value. Once Larry finishes his interviews, he simply needs to connect the dots -- find the common threads and not so common threads in the industry leaders’ comments.

Postscript: When the article is published, Larry can present a copy in person -- another opportunity to reinforce the network.

Improvise! Adapt! Overcome!

by David Krell
david@davidkrell.com

Yesterday, I attended a three-hour panel discussion at the New York State Bar Association’s Annual Conference --
Navigating the New Economy.

It reminded me of Heartbreak Ridge, a 1986 movie. In the movie, Clint Eastwood plays a Marine Gunnery Sergeant who constantly orders the young marines in his command -- Improvise! Adapt! Overcome!

Those are the watchwords for the new economy. Whether you’re a lawyer, doctor, or Indian Chief. Whether you’re a butcher, baker, or candlestick maker.

So, I took stock of 2009 -- accomplishments and missed goals. Often, the reason for the latter is not a lack of quality in our skill set, but a lack of clarity in our communicating our value to potential employers.

With that in mind, I set out to redefine my own message, brand, and value. The result is a new home page with a new definition of what I offer to a prospective employer for a job or freelance project.

Writing is my passion. Indeed, it has been the common thread through my career and extracurricular endeavors.

To communicate that passion and the consequent value that I will bring to an employer required a tag line that is definitive, descriptive, and memorable. Meet
David Krell, Esq. a.k.a. The Writing Guy.

Additionally, I renamed my blog
Quills & Keyboards to capture the universality of writing, no matter the technology used to convey the message.

Improvise! Adapt! Overcome!

Indeed.

To Blog or Not To Blog

by David Krell
david@davidkrell.com

Earlier this afternoon, I had a brief conversation with a friend. The reason for my conversation
getting feedback on an idea. It triggered an insight into a larger issue.

As Adrian Monk says,
Here’s what happened.

I am the Co-Chair of the Continuing Legal Education Committee for the New York State Bar Association’s Business Law Section. The NYSBA’s Annual Meeting takes place next week in Manhattan.

Yesterday, I had a fruitful discussion with my co-chair. I informed her about a perceived lack of educational offerings for small firms and solo practitioners at bar association conferences and legal trade group conferences. We decided that we would do some informal polling at next week’s Annual Meeting to see if a CLE panel geared to small firms and solo practitioners would be worthwhile.

So, I called my friend who is an intellectual property attorney, blogger extraordinaire, and CLE speaker. In fact, I provided his first-ever speaking opportunity in 2001. From 2001-2005, I hosted seminars under the banner
PRIME - Professionals in Media in Entertainment.

My friend liked the idea of the CLE panel but lamented the abundant advice given by some attorneys in articles, anecdotes and CLE panel discussions. Their advice focuses on the plight of younger members of the bar branding themselves to build, enhance, and strengthen their client base.

Apparently, the advice includes strategies on marketing your practice through Facebook, Twitter, Linked In, and blogs.

It includes techniques on networking.

And it includes tips on getting speaking engagements on legal panels and writing assignments for legal publications.

My friend lamented that the advice did not include learning your craft before learning how to set up blog software to conquer the blogosphere.

One can make the argument that part of learning your craft includes learning how to adapt your networking adeptness to the opportunities in the digiverse. Plus, today’s youngest attorneys are probably already familiar with digital tools, computer software, and social networks.

However, a blog, especially in the ultra-competitive legal arena, needs to have a foundation. Statements, opinions, and insights ought to be based in knowledge, if not the authority that comes with experience.

Just Blog It

by David Krell
david@davidkrell.com

Brynn Rovito is a blogger. More appropriately, she is a blawgger. A law student at Brooklyn Law School, Brynn started a blog earlier this year --
One Stick Short of a Bundle. The title is a play on words regarding bundle of rights, a property law theory.

Initially, Brynn focused
One Stick Short of a Bundle on the expanding arena of privacy law in digital and social media.

The blog is therapeutic for me. I started the blog because I wanted an outlet. It channels my energy. I can’t sing. I’m not a good actress. I don’t focus on my accolades. I write about legal issues.

In the beginning, I didn’t know what I wanted to write about in the blog. I was conducting research and writing a manual for the New York State Bar Association concerning privacy law. I found that it’s really a new area because of technology. The law can’t keep up with technology. It never did. It never can. It never will.

Brynn is spending her third year of law school in a domestic version of a Study Abroad program -- she is attending The George Washington University Law School in Washington, D.C. and working for the General Counsel of the Sergeant-at-Arms of the United States Senate.

Brynn has not updated her blog in two months, largely because her new duties at the United States Senate require an extraordinary dedication of time, energy, and creativity. But she will continue the blog even if she changes its focus. A blog can distinguish a student in the intense competition for jobs beyond being a cathartic tool.

I was enthusiastic about the privacy area for a while and then I got interested in different areas. Now I’m rethinking the content of the blog. A lot of law students don’t blog because they’re so concerned with being Googled.

One of the reasons I started the blog is because it’s a good conversation piece. People who find out about it want to talk more about it. Most law students don’t even have business cards. A blog is a great way to stand behind your views and put yourself out there. The writing process helps you learn. You’re a little vulnerable. But you put a human face on your background beyond a resume. That’s a good thing.

As for the legal arena, Brynn has an invaluable insight for fellow and future law students based on her academic and real-life experiences.

There’s a difference between being a lawyer and lawyering. Lawyering requires you to know how to talk to people in authority, get stuff done, avoid going to court, and resolve disputes. You have to be able to engage people.
--------------------------------------------------------------------------------------------------------------
I work with corporate clients who want to uncover the challenges, benefits, and solutions involved in all steps of blogging -- creating, maintaining, and integrating a blog into the company’s marketing strategy. -- David