Who You Gonna Call? Ghostwriters!

One of the best ways for a lawyer to show clients and prospects that he or she has 'the right stuff' is to write stuff ' for legal trades, B2B publications, consumer magazines and, of course, all those content-hungry Web sites. Every legal marketer knows this ' and so do most lawyers. The problem is that many attorneys are too busy doing paid work to perform this marketing must, while others may be phobic about writing for a publication (a fear similar to that of public speaking), or simply lack a talent for writing or the know-how to structure an article that motivates businesspeople or consumers to pick up the phone. While partners with associates at their beck and call may be able to palm off the task, all too often associates are too busy trying to meet their quota of billable hours, or pro bono work, or too wet behind the ears to produce something that a partner would want to put under his or her name.

Fortunately, there are many capable writers for hire to whom lawyers can turn ' and clients and prospects will be none the wiser. The practice of using ghostwriters is already quite commonplace outside the legal profession, where everyone from celebrities to CEOs with a story to tell but without the time or talent to tell it, are turning to professionals for help.

It's Not Unethical!

Perhaps lawyers' reluctance to jump on this bandwagon reflects a concern that it's somehow unethical. After all, aren't they being hired as much for their ability to communicate as for their legal knowledge? Yes, but people read bylined articles to gain insight into how the latest verdict, decision, law or regulation could affect them, not to locate a jury-charmer or a tough-as-nails negotiator. Editors couldn't care less who actually wrote the piece. In fact, most suspect that associates are researching and writing many of the articles that bear a partner's byline. As long as someone is available to answer their queries, editors assume that the partner stands behind the content just as they assume that a firm stands behind the press release that was created by its PR agency or, for that matter, the a Supreme Court justice stands behind the decision written by one of his or her clerks.

Liz Lindley, (a MLF columnist and Board member) project director of WritersForLawyers, a division of Jaffe Associates sums ups the benefits: 'Publishing articles is a critical component of any law firm or lawyer's business-development efforts, but it takes time and research to assemble compelling articles,' she says. 'A ghostwriter with significant knowledge of specific subject matters can turn a lawyer's idea into an informative, well-written piece, and can ensure that the lawyer gets back to billable time and the practice of law while the writer is responsible for the majority of the project.' And by hiring a ghostwriter, Lindley notes, 'you ensure that the article will be written in a journalistic style appropriate to the publication and not in legalese.'

'English' vs. 'Legalese'

This last point cannot be stressed enough, says Janet Raasch, a Denver-based ghostwriter who works closely with attorneys. Raasch says lawyers are trained in Blue Book style appropriate for brief writing, and most don't have a clue as to how to write in the Associated Press style that most editors use. Raasch says she can also take a lawyer's idea or draft and 'match it to the style standards of a particular publication.' But the disconnect often goes deeper than grammar and punctuation. Too often, lawyers write pure 'think pieces' when they should be motivating readers to 'give them a call.' Raasch, who has taught rhetoric, say there are 'three different kinds ' deliberative, forensic and persuasive ' and lawyers tend to write 'the first way when most of these articles need to be written the third way. You're writing to inform, yes, but you also need to persuade the reader that they need to take action.'

Raasch emphasizes her ability to identify writing opportunities for lawyers. She says she is currently writing an article for a lawyer, which will appear in the a Northwest business journal, on what hotel owners need to know to stay out of legal trouble. 'Every city has business journals, every one of those journals has a calendar of special sections, and most firms have practices in those areas,' she says. 'So if you can propose an article idea ' say, 'Five Things an Architect Needs to Know to Keep from Getting Sued ' and submit the article, they almost always get printed. It just can't be self-serving.'

Raasch, who is not a lawyer, says that by using real-world examples, she's able to convey to lay readers why something is legally important. 'I translate the legal points an attorney wants to get across into something the average person who's skimming a business or consumer publication will be able to get through.'

The Net

Increasingly there's huge appetite for good, fresh content on the Internet ' and to be most effective, it has to be written differently than writing for a newspaper, Raasch says. 'You want to include certain key words so it will be picked up by search engines, but you don't want to be too transparent about it.'

Meet the Ghostwriters

One ghostwriter who specializes in providing content for legal journals is Steven A. Meyerowitz, an attorney and president of Meyerowitz Com-munications Inc. in Northport, L.I. He is a former columnist for MLF and current Board of Editors member. Why do lawyers turn to him? 'Same reason partners in firms have been going to associates at firms for decades: because they're too busy, constantly interrupted by phone calls and client business. It's helpful to have someone focus on what's necessary to draft a piece,' he says.

Meyerowitz see himself as equal parts facilitator and writer. 'I'll talk with the lawyers first to get their thoughts on what the draft should contain. Then they'll provide materials, review the draft, make changes to it. It's really their article.' A Harvard law school graduate who practiced at a large corporate firm for several years and currently edits nine legal newsletters, Meyerowitz says that while he runs with a lawyer or editor's idea for an article, he's also quite capable, 'based on what I understand the lawyer's practice to be, to suggest a topic.'

WritersForLawyers also provides a high level of expertise, matching appropriate, skilled legal and business journalists to the project. 'Our writers include journalists who have worked for the country's leading legal publications, attorneys taking time away from their careers to raise families, and even retired law professors and jurists,' Lindley says. 'They are carefully selected and prescreened. Once they are a part of our organization, they are provided editorial direction and coaching, and their work is carefully reviewed by professional copy editors.'

Like Raasch and Meyerowitz, Lindley notes that her writers often come up with story ideas, 'especially if the writer has great expertise in a subject area and is aware of legislative or legal developments or other news that could make for a compelling bylined article.'

Usually, however, the lawyer is going to be involved in the process at all stages. Raasch generally tells her clients to provide her with a rough sketch. 'I say, 'just free associate, jot down every thought you can think of that you think is important, send it along to me, and I'll take a crack at it. I like to put it in narrative form, because stories more compelling. I also supplement with Internet research, usually to help me translate jargon; my rule of thumb is if I didn't understand it, the reader probably won't.” It's then reviewed by the lawyer, she says.

The Client Counts

Meyerowitz agrees that the client is an integral part of the process. 'The amount of interaction between me and the lawyer could be a lot'initially to talk about the topic, after review of the materials, during the drafting process, after the drafting stage to discuss, then the editing stage. There's all sorts of opportunity for involvement, just as when associates write materials. They can give as much feedback as they want.'

Says Lindley: 'In a typical Writers-ForLawyers scenario, the writer works with me and I serve as a liaison between the writer and the lawyer. The writer will collect information about the topic, and may request materials, such as relevant cases, legislation, and other articles on the topic. We expect our writers to read the materials prior to a phone interview with the lawyer, as this saves the author-attorney's time during the interview. Lastly, we know that a first draft will be viewed closely and with a critical eye and so it will be as close to the final as possible'but we generally anticipate two rounds of edits.'

Fees

The fee depends upon the level of expertise required, the time-frame for writing the article, the word count, and other factors. Writers may charge by the word, by the hour or by the project. 'It depends on the service,' says Meyerowitz. 'If all they want is to be put in contact with an editor, then I do on hourly basis; if they want me to draft an article, I give them a proposal.'

Raasch says she has different relationships with different firms, and it depends on the nature of the project. Some she charges $1 or $1.25 a word. 'If I go hourly, it's $100 an hour.'

Some ghostwriters work on retainer. The benefit there is that you can create a program, it let's both sides know that we're all committed here. The downside is the cost associated with that.'

Unlike book projects, which can involve very elaborate contracts, most deals to ghostwrite bylined articles are sealed with a letter or email agreement. However, Lindley says that a formal contract isn't a bad idea, as it 'helps keep the relationship clear. Some key terms within an agreement include a non-compete clause, a clause guaranteeing confidentiality, a full description of the project including deadlines and terms for payment, and of course the ownership of copyright, which necessarily belongs to the client/law firm.'

Gina Pirozzi, a member of this newsletter's Board of Editors, is a publicity and marketing consultant for small- to mid-sized law firms. She can be reached at [email protected].

One of the best ways for a lawyer to show clients and prospects that he or she has 'the right stuff' is to write stuff ' for legal trades, B2B publications, consumer magazines and, of course, all those content-hungry Web sites. Every legal marketer knows this ' and so do most lawyers. The problem is that many attorneys are too busy doing paid work to perform this marketing must, while others may be phobic about writing for a publication (a fear similar to that of public speaking), or simply lack a talent for writing or the know-how to structure an article that motivates businesspeople or consumers to pick up the phone. While partners with associates at their beck and call may be able to palm off the task, all too often associates are too busy trying to meet their quota of billable hours, or pro bono work, or too wet behind the ears to produce something that a partner would want to put under his or her name.

Fortunately, there are many capable writers for hire to whom lawyers can turn ' and clients and prospects will be none the wiser. The practice of using ghostwriters is already quite commonplace outside the legal profession, where everyone from celebrities to CEOs with a story to tell but without the time or talent to tell it, are turning to professionals for help.

It's Not Unethical!

Perhaps lawyers' reluctance to jump on this bandwagon reflects a concern that it's somehow unethical. After all, aren't they being hired as much for their ability to communicate as for their legal knowledge? Yes, but people read bylined articles to gain insight into how the latest verdict, decision, law or regulation could affect them, not to locate a jury-charmer or a tough-as-nails negotiator. Editors couldn't care less who actually wrote the piece. In fact, most suspect that associates are researching and writing many of the articles that bear a partner's byline. As long as someone is available to answer their queries, editors assume that the partner stands behind the content just as they assume that a firm stands behind the press release that was created by its PR agency or, for that matter, the a Supreme Court justice stands behind the decision written by one of his or her clerks.

Liz Lindley, (a MLF columnist and Board member) project director of WritersForLawyers, a division of Jaffe Associates sums ups the benefits: 'Publishing articles is a critical component of any law firm or lawyer's business-development efforts, but it takes time and research to assemble compelling articles,' she says. 'A ghostwriter with significant knowledge of specific subject matters can turn a lawyer's idea into an informative, well-written piece, and can ensure that the lawyer gets back to billable time and the practice of law while the writer is responsible for the majority of the project.' And by hiring a ghostwriter, Lindley notes, 'you ensure that the article will be written in a journalistic style appropriate to the publication and not in legalese.'

'English' vs. 'Legalese'

This last point cannot be stressed enough, says Janet Raasch, a Denver-based ghostwriter who works closely with attorneys. Raasch says lawyers are trained in Blue Book style appropriate for brief writing, and most don't have a clue as to how to write in the Associated Press style that most editors use. Raasch says she can also take a lawyer's idea or draft and 'match it to the style standards of a particular publication.' But the disconnect often goes deeper than grammar and punctuation. Too often, lawyers write pure 'think pieces' when they should be motivating readers to 'give them a call.' Raasch, who has taught rhetoric, say there are 'three different kinds ' deliberative, forensic and persuasive ' and lawyers tend to write 'the first way when most of these articles need to be written the third way. You're writing to inform, yes, but you also need to persuade the reader that they need to take action.'

Raasch emphasizes her ability to identify writing opportunities for lawyers. She says she is currently writing an article for a lawyer, which will appear in the a Northwest business journal, on what hotel owners need to know to stay out of legal trouble. 'Every city has business journals, every one of those journals has a calendar of special sections, and most firms have practices in those areas,' she says. 'So if you can propose an article idea ' say, 'Five Things an Architect Needs to Know to Keep from Getting Sued ' and submit the article, they almost always get printed. It just can't be self-serving.'

Raasch, who is not a lawyer, says that by using real-world examples, she's able to convey to lay readers why something is legally important. 'I translate the legal points an attorney wants to get across into something the average person who's skimming a business or consumer publication will be able to get through.'

The Net

Increasingly there's huge appetite for good, fresh content on the Internet ' and to be most effective, it has to be written differently than writing for a newspaper, Raasch says. 'You want to include certain key words so it will be picked up by search engines, but you don't want to be too transparent about it.'

Meet the Ghostwriters

One ghostwriter who specializes in providing content for legal journals is Steven A. Meyerowitz, an attorney and president of Meyerowitz Com-munications Inc. in Northport, L.I. He is a former columnist for MLF and current Board of Editors member. Why do lawyers turn to him? 'Same reason partners in firms have been going to associates at firms for decades: because they're too busy, constantly interrupted by phone calls and client business. It's helpful to have someone focus on what's necessary to draft a piece,' he says.

Meyerowitz see himself as equal parts facilitator and writer. 'I'll talk with the lawyers first to get their thoughts on what the draft should contain. Then they'll provide materials, review the draft, make changes to it. It's really their article.' A Harvard law school graduate who practiced at a large corporate firm for several years and currently edits nine legal newsletters, Meyerowitz says that while he runs with a lawyer or editor's idea for an article, he's also quite capable, 'based on what I understand the lawyer's practice to be, to suggest a topic.'

WritersForLawyers also provides a high level of expertise, matching appropriate, skilled legal and business journalists to the project. 'Our writers include journalists who have worked for the country's leading legal publications, attorneys taking time away from their careers to raise families, and even retired law professors and jurists,' Lindley says. 'They are carefully selected and prescreened. Once they are a part of our organization, they are provided editorial direction and coaching, and their work is carefully reviewed by professional copy editors.'

Like Raasch and Meyerowitz, Lindley notes that her writers often come up with story ideas, 'especially if the writer has great expertise in a subject area and is aware of legislative or legal developments or other news that could make for a compelling bylined article.'

Usually, however, the lawyer is going to be involved in the process at all stages. Raasch generally tells her clients to provide her with a rough sketch. 'I say, 'just free associate, jot down every thought you can think of that you think is important, send it along to me, and I'll take a crack at it. I like to put it in narrative form, because stories more compelling. I also supplement with Internet research, usually to help me translate jargon; my rule of thumb is if I didn't understand it, the reader probably won't.” It's then reviewed by the lawyer, she says.

The Client Counts

Meyerowitz agrees that the client is an integral part of the process. 'The amount of interaction between me and the lawyer could be a lot'initially to talk about the topic, after review of the materials, during the drafting process, after the drafting stage to discuss, then the editing stage. There's all sorts of opportunity for involvement, just as when associates write materials. They can give as much feedback as they want.'

Says Lindley: 'In a typical Writers-ForLawyers scenario, the writer works with me and I serve as a liaison between the writer and the lawyer. The writer will collect information about the topic, and may request materials, such as relevant cases, legislation, and other articles on the topic. We expect our writers to read the materials prior to a phone interview with the lawyer, as this saves the author-attorney's time during the interview. Lastly, we know that a first draft will be viewed closely and with a critical eye and so it will be as close to the final as possible'but we generally anticipate two rounds of edits.'

Fees

The fee depends upon the level of expertise required, the time-frame for writing the article, the word count, and other factors. Writers may charge by the word, by the hour or by the project. 'It depends on the service,' says Meyerowitz. 'If all they want is to be put in contact with an editor, then I do on hourly basis; if they want me to draft an article, I give them a proposal.'

Raasch says she has different relationships with different firms, and it depends on the nature of the project. Some she charges $1 or $1.25 a word. 'If I go hourly, it's $100 an hour.'

Some ghostwriters work on retainer. The benefit there is that you can create a program, it let's both sides know that we're all committed here. The downside is the cost associated with that.'

Unlike book projects, which can involve very elaborate contracts, most deals to ghostwrite bylined articles are sealed with a letter or email agreement. However, Lindley says that a formal contract isn't a bad idea, as it 'helps keep the relationship clear. Some key terms within an agreement include a non-compete clause, a clause guaranteeing confidentiality, a full description of the project including deadlines and terms for payment, and of course the ownership of copyright, which necessarily belongs to the client/law firm.'

Gina Pirozzi, a member of this newsletter's Board of Editors, is a publicity and marketing consultant for small- to mid-sized law firms. She can be reached at [email protected].