Much has been written on the benefits of outlining for legal writing specifically and for other professional writing more generally. This commentary provides some of the more common benefits of outlining a legal document

Henke, Melissa N.

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University of Kentucky

University of Kentucky UKnowledge Law Faculty Popular Media Law Faculty Publications 5-2012 Give Outlines Another Chance Melissa N. Henke University of Kentucky College of Law, melissa.henke@uky.edu Follow this and additional works at: https://uknowledge.uky.edu/law_facpub_pop  Part of the Legal Writing and Research Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Repository Citation Henke, Melissa N., "Give Outlines Another Chance" (2012). Law Faculty Popular Media. 45. https://uknowledge.uky.edu/law_facpub_pop/45 This Commentary is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Popular Media by an authorized administrator of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu. Give Outlines Another Chance Notes/Citation Information Melissa N. Henke, Give Outlines Another Chance, 76 Bench & B. 26 (May 2012). This commentary is available at UKnowledge: https://uknowledge.uky.edu/law_facpub_pop/45 GIVE OUTLINES ANOTHER CHANCEby Melissa N. HenkeUniversity of Kentucky College of LawMyth #1: Outlines are only for lawstudents or novice writers. Myth #2:Busy attomeys don't have the need orthe time for an outline. If you findyourself agreeing with these statements,read on.Regardless of how seasoned a legalwriter you are, creating an outline foryour document can improve your writ-ing and save you time. I first learned toappreciate outlines in law school, and Icontinued to rely on them during myyears in practice. Yes, I even wrote anoutline for this column.The Benefits of OutliningMuch has been written on the bene-fits of outlining for legal writingspecifically' and for other professionalwriting more generally.2 Below aresome of the more common benefits ofoutlining a legal document.* Focus, Structure, and Flow. Anoutline helps focus your attention onthe task and topic(s) at hand. It alsobrings an early structure to yourideas. Moreover, once you have asense of the ideas you want to con-vey, an outline helps organize theflow of those points (and sub-points)in your document, from the start,through the middle, to the end." Balance. An outline makes it easierto determine if the right emphasis isplaced on each topic or argument tobe addressed." Completeness. An outline helpsensure that you don't leave anythingout of the document. You can reviewthe outline for gaps in your argu-ments, research, or understanding ofthe relevant facts. The earlier youidentify these gaps, the more likelyyou can work to effectively fill themwell in advance of any deadline." Big Picture. An outline reminds youof the big picture of the documenteven as you take each idea or sec-tion in turn. And if you are dolingout parts of the document for othersto write, each author can use theoutline to see how that part fits intothe greater whole.Taken together, these outlining bene-fits usually serve to improve your focusas well as the content and flow of yourdocument. Outlines reduce the chanceof writer's block, as you aren't left star-ing at a blank page. Likewise, outlinesimprove your writing speed and effi-ciency, because you will be morefocused as you write and will need lesstime later to edit out ideas that driftfrom the main topic(s).The Process of OutliningThe process of outlining should be onethat works for you, the writer. The processdoes not have to be formal or rigid. Usinga more fluid process may be helpful for26 Bench & Bar May 20121"FFECTIVE IAGAL NVAITINGsome writers,3 while others might find thestandard outline form (roman numeralsand capital A's and B's) helpful. The out-line you create may also turn on the needsof the particular document.4With the document's purpose andaudience in mind, create a writer-friendly outline with the following stepsin mind.First, brainstorm by listing the ideasthat you want to include in your docu-ment.Second, organize your ideas bygrouping related ones together.Third, order your ideas by organizingthem into a logical sequence. For exam-ple, if the final document will be filedwith a court, "[o]ne obvious way ofbeginning to organize is to determinehow the court will approach the prob-lem."5 Once your organization is set,insert notes regarding the research andfacts that are relevant to each point.Once you have created, reviewed,and finalized your outline, you will bemore focused and prepared to begindrafting the document.The After-the-Fact OutlineOutlines can also be helpful in therevising stage of the writing process.Specifically, an after-the-fact outline canassist you in testing and refining theorganization of your draft documentonce it is written.6 To create this type ofoutline, read each paragraph in the doc-ument and try to sum up or label thesubject matter of the paragraph in aphrase or clause (at most, in a sentence).If you find that you cannot easily sumup the topic or point of the paragraph,this should signal to you that furtherrevision is needed. Once you are able toidentify the summarizing clause, phrase,or sentence, record that label on the out-line. Then read the outline with thefollowing questions in mind: Is the wayyou traveled through the ideas the mostlogical (and persuasive, where applica-ble)? Is there unnecessary backtrackingor repetition that should be omitted?Did you forget to include an idea (ifyes, where can it be added)? Overall, isthis the way you want the reader tomove through the material?7An after-the-fact outline can also helpimprove the document's paragraph cohe-sion and use of strong topic sentences.Outline the draft document by readingonly the topic sentences. Doing so simu-lates the impression a reader will havewhen he skims the main points of thedocument. 8 Ask yourself if each topicsentence correctly conveys the gist of theparagraph and if the paragraph focusesonly on the topic conveyed. If the answeris no, further revision is needed.Finally, compare any post-draft out-lines to your initial pre-writing outline. Ifthere are differences, decide whether theinitial outline was better or whether theway the draft is written is more effective.9ConclusionThe next time you draft a legal docu-ment, give outlining a try. You may wellfind that the document took you less timeto create, yet the end product is morecomplete and flows more smoothly. ®ENDNOTES1. E.g., Anne Enquist & Laurel CurrieBobby A. Miller, M. D.• Board Certified Forensic Psychiatrist• Board Certified Neuropsychiatrist" Board Certified Psychiatrist" Residency Trained NeurologistOates, Just Writing § 1.2 (3d ed.2009); Richard K. Neumann, Jr.,Legal Reasoning and Legal Writing§ 6.3 (6th ed. 2009); Diane R.Donahoe, TeachingLaw.com LegalResearch and Writing, Writing -Organizing Before You Write (3ded. 2011).2. E.g., 4 Benefits of Outlines,StratosphereWriting, http://strato-spherewriting.wordpress.com/2009/03/12/4-benefits-of-outlines (lastvisited April 3, 2012); Benefits ofOutlining, BenfitOf.net, http://ben-efitof.net/benefits-of-outlining/ (lastvisited March 28, 2012).3. Neumann, supra note 1.4. Donahoe, supra note 1.5. Enquist & Oates, supra note 1,§ 1.2.2.6. Id. § 1.4.2.7. Id.8. Donahoe, supra note 1 (discussingbenefits of reader-based outlines).9. Laurel Currie Oates & AnneEnquist, Just Memos § 13.1.2 (2ded. 2007).nsed to practice medicine in Ohio, West7rginia, Kentucky and Pennsylvania.919 Sixth Ave.Huntington WV 25701Office: 304-781-0228Fax: 304-781-0229Email: mdlaw@wvdsl.netbobbymillermd.comTYPES OF SERVICESBrain Injury • Civil Competencyriminal Competency ° Emotional DamagesEmployment Dispute ° Fitness for DutyIndependent Medical EvaluationMedical Malpractice ° Quality of ParentingPsychological & Neuropsychological TestingSex Offender Litigation Support ServicesWill Contest Workers' CompensationDirector of Forensic Services atMildred Mitchell-Bateman Hospital& River Park HospitalMay 2012 Bench & Bar 27Forensic PsychiatryPLLC

Give Outlines Another Chance

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Give Outlines Another Chance

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