To write effectively, you must know your message before you start. Planning your pitch is the first step to writing for your audience. Everything before this stage serves you, not the reader.
But planning can be a struggle. If traditional methods don’t work for you, you’re not alone. Years ago, I’d lost confidence in my legal writing, which made the process slower and more frustrating. So I looked back to a time when writing felt easy—my days in journalism and advertising. I remembered how I could quickly craft an article pitch or a story idea. I worked in sound bites, not long-winded explanations, and I rarely got stuck.
For years, I refused to apply this approach to legal writing because I believed it had to be more complex. Eventually, I returned to my old method and adapted it to legal writing: creating a “commercial” for my case. This 30-second pitch gave me clarity and a starting point for writing. If I could confidently express my case in those terms, I knew I was ready to write a brief and argue my case (or motion) to a judge.
This article shares a planning technique that worked for me: creating a commercial for your case.
Why You Should Create a “Commercial” for Your Case
Why a commercial? A commercial is a familiar, efficient way to convey an idea. We are exposed to these quick, organized stories every day through TV, radio, and streaming platforms. While you may not have an instinctive sense of how to organize writing, you see commercials constantly so you’ve internalized their structure and flow. You know more than you think you do, so put this familiar experience to work for you.
A commercial is a tiny story, usually about 30 seconds long. It has a beginning, a middle, and an end. It connects fast and leaves the audience with a clear, repeatable call to action. These little stories stick with us because they are simple and effective.
By creating a commercial for your case, you are deciding what you will say and how you will say it. This process forces you to distill complex issues and simplify ideas, and it steers you away from using legalese. You’re creating focus, setting tone, and homing in on your audience. These are all things we’re told to do in the planning phase, but they seem foreign and unmanageable when wearing the “planning” label.
Three Questions to Answer in Your “Commercial”
Much like an advertisement, your legal argument must connect with the reader quickly and clearly. Your job is to make it easy for the reader to follow your argument, agree with your reasoning, and see the fairness of your conclusion. So, before writing, distill your case into a 30-second commercial. The 30-second limit saves time, prevents tangents, and leads to clearer, more effective writing.
If you stick with the pace and simplicity of a commercial, you’ll force yourself to focus. Ask yourself these three questions and say the answers out loud:
- What is this case about?
- Why should my client win?
- Why is it right and fair for my client to win?
If the answers to these questions flow, then you’re ready to write and you can use the commercial as a roadmap to follow throughout the writing process.
Stay Focused on Your Core Issue and Build Empathy into Your Argument
Choosing the core issue is a critical step. You’re deciding what’s most important—whether it’s a fact or a legal principle. The core issue must be clear, concrete, and human. Even in cases involving dense legal rules or legislative footnotes, you can find the human story behind the law. For example, what harm was the legislature trying to prevent? How does the law protect people in this situation? By grounding your argument in a human narrative, you make it more relatable.
This is why the third question in the commercial—Why is it right and fair for my client to win?—is so important. It appeals to empathy. Judges, juries, and clients need to feel that the decision is fair. And fairness is more apparent when you can show that your clients are real people—not some faceless organization that wouldn’t be affected by $50,000 lost or gained. Show that the result you’re advocating for is legally correct, and that following the law leads to justice. Build this into your commercial and you won’t get mired in technicalities that outsiders are unlikely to understand.
Test Your Commercial by Vocalizing Your Argument
Once you’ve created a commercial for your case, practice saying it aloud. This step is important because if you can’t say it aloud, you probably can’t write it clearly either. Practice saying: “This case is about X. My client wins because Y. This result is fair because Z.”
Take a walk, make a voice recording of your argument, and see if it flows. If you stumble, there’s a problem with your argument. Take it seriously and start again. This step will ultimately save you time.
If you need to argue in the alternative, test the flow of those arguments too. Make sure your alternative arguments fit naturally with your main argument. Practice saying: “Even if Y doesn’t work, my client wins because A.” By connecting your alternative argument back to the main one, you strengthen your case.
When you get back to your desk, transcribe what you spoke, then start writing. Use the 21-minute method to filter everything you’ve been researching through this lens. Now you have something to expand and edit.
How to Use the “Commercial” Throughout the Writing Process
Now that you have your commercial, use it as a roadmap. Place your three answers on a sticky note and keep it with you when writing or arguing your case. Having it in front of you will keep you from wandering off into tangential details.
Use your commercial as a filter. Ask yourself: Does this point support the core argument? If it doesn’t directly answer one of the three questions, it likely doesn’t belong in your document. You can always save extra details for another context, but don’t clutter your brief with unnecessary information. If you feel overwhelmed by details, pause and repeat the commercial. This simple step will help you refocus.
Conclusion
If you struggle with traditional planning methods, try creating a 30-second commercial for your case. This technique will help you find clarity and improve your writing process. You can apply it to any legal document—briefs, memos, even oral arguments.
Once your document is focused and clear, you can work on improving it at the sentence level. In great writing, every word serves a purpose. WordRake can help you refine your language. Try it free for 7 days.
About the Author
Ivy B. Grey is the Chief Strategy & Growth Officer for WordRake. Before joining the team, she practiced bankruptcy law for ten years. In 2020, Ivy was recognized as an Influential Woman in Legal Tech by ILTA. She has also been recognized as a Fastcase 50 Honoree and included in the Women of Legal Tech list by the ABA Legal Technology Resource Center. Follow Ivy on Twitter @IvyBGrey or connect with her on LinkedIn.
