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Law Practice Today

September 2024

Advice for Op-Ed Submissions

Brenda McGann and Jake Meth

Summary

  • Lawyers are uniquely positioned to share their thought leadership through op-eds but are often cautious about the risk.
  • Quality op-ed topics are original and timely, provide interesting insight, and engage the audience.
  • A successful op-ed begins with a captivating hook, clearly states the argument early, and supports it with well-reasoned analysis.
Advice for Op-Ed Submissions
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In light of the recent launch of the American Bar Association’s (ABA’s) Task Force for American Democracy and its call for the nation’s lawyers to defend the U.S. Constitution and democracy from the influence of authoritarianism, attorneys more than ever before may be contemplating expressing their concerns by writing op-eds for publication. I spoke with Jake Meth, former op-ed editor for Fortune, founder of thought leadership consultancy Opinioned, and publisher of “Pitches Get Stitches,” a Substack that provides analysis and advice for would-be opinion writers, to get his insight about how to get the attention of op-ed editors.

Because newspaper op-ed writing is often hard to break into — and competition for limited space can be fierce — Jake offers the following tips about writing and publishing op-eds.

How can lawyers respond to the ABA task force through op-eds?

The first thing lawyers who want to write thought leadership should do is assess how willing they are to stick their neck out on an issue that may be contentious.

Some lawyers think they want to publish their opinions but balk when we start brainstorming and they realize saying candid things might upset some people — at least if they want anyone to listen.

If you want to get published, keep a close eye on what’s happening in political news. Regularly assess where you could provide expertise and shed light on an issue in the news today. This requires immediate response; the news cycle moves fast.

But that can be tricky. Being a “law expert” isn’t enough. You need to find where your specific legal expertise intersects with something that audiences care about.

Take the ABA task force’s call to action. A lawyer who, for instance, has experience or expertise in the administration and legal process surrounding elections would be the right person to chime in now.

There could be other, less obvious intersections, however. For instance, if you are a lawyer who advises corporations, maybe you could write about how you would advise your clients so that they themselves can make a strong impact on the 2024 election.

Or if you are a civil rights lawyer, you could write about the implications of challenges to the 2024 election’s legitimacy in terms of violating the civil rights of those who voted. Are they being disenfranchised?

The bottom line is if you feel you have something that can contribute meaningfully to the zeitgeist, you should ask yourself truthfully whether you’re willing to dive in. If so, you should have an impetus that is emotionally driven. You should really want to express your opinion in writing, have something you want to get off your chest, and feel excited to share. If you don’t have that, trying to write an opinion piece is like trying to eat when you’re not hungry — you can do it, but it won’t be any good. Its best to be attuned to how you feel about writing the piece and how doing it makes you feel, then try to follow that.

What do publications typically seek when determining topics for op-eds?

Editors are hungry for original ideas. They are inundated with dozens of pitches daily, so try to put yourself in their shoes. After seeing the same topics and arguments consistently, they get excited when something different lands in their inbox.

An opinion editor’s goal is to publish articles that engage their readership and bring in good metrics. They know that if their content mirrors what other outlets are producing, their audiences won’t read it. You have to write about what they’re interested in without echoing everyone else. This is difficult, but it’s also something that lawyers are uniquely positioned to do because they have deep expertise in something that most people don’t.

When considering op-ed topics, think of issues only a few people have an informed perspective on. Consider how you can present your thoughts in a way that would appeal to those outside of your core business or customers.

Describe the formula for what makes a good newspaper or magazine op-ed.

Before you even begin to write, you should spend significant time developing a quality idea. That is the part that most people ignore, but it is what gets them into trouble because they end up with an unoriginal idea, or just a thought that is not fully fleshed out or persuasive.

The best way to end up with a really good op-ed is to come up with a really good idea. That may sound easy, but it’s actually quite hard. Formulating an idea can require a lot of internal discussions between you and your team, taking the time to discover if what you’re trying to argue is captivating and new and catches people’s interest.

After that, the formula is pretty simple. Novice writers get into trouble when they try to reinvent the wheel. Start with a hook, something that simply gets the reader interested in what’s coming. That is usually a story or an intriguing experience closely related to the topic, or perhaps some shocking piece of information or data that makes someone take a second look. The hook should be very short, maybe a paragraph of four or five sentences at most.

Then, go right into your argument. That is the part most people miss. They delay introducing their main argument until the middle or end of the piece. You need to state your argument right at the top so that it is very clear to both the editor and the reader what the rest of the piece is going to cover.

Follow the basic format of persuasive writing: present a supporting point, some examples, reasoning, and data to back up that point. You usually want to have three or four of these supporting pillars. After that, include a conclusion that summarizes your argument and offers a way to think about this issue moving forward.

That is the formula for successful op-ed writing.

How can lawyers join the conversation?

My experience working with lawyers is that they often have a wonderful command of a certain field or legal area, and if they wanted to, they could share that expertise with a wide group of curious people. They’re adept not only at holding and processing a lot of information but also at understanding people, knowing what motivates them and how to tell stories that speak to them.

Because of this, there’s a vast potential for lawyers to write interesting op-ed pieces. I think what often holds them back is their well-developed understanding of risk. That makes them extremely cautious about expressing their opinions. While there are a few lawyers who decide that taking this risk is worthwhile for the benefit of speaking out on important topics that impact their clients or communities, many believe expressing their opinion is not worth the risk.

If lawyers want to engage in opinion writing, they need to conduct a really honest cost-benefit analysis and ask themselves if they should be dismissing it out of hand or more seriously considering using their thought leadership as a tool to benefit the public, develop business, or express themselves.

Why are op-eds so frequently rejected? How can lawyers improve their chances for publication?

Writers tend to assume editors are looking for op-eds related to big stories, but that’s not necessarily the case. The best way to impress the editor is to write about in a way that’s differentiated from others. You also need to follow the publication’s guidelines, including word count. Understand news cycles and contribute while the topic is still newsworthy, not a week after everyone else has moved on to other news.

Do you have any other helpful tips for lawyers?

I think it’s sad that more lawyers don’t write commentary in the media. My advice would be to recognize that they have a keen sense of persuasion, using not just reason but also emotion to appeal to an audience and win their case. They have a natural route into op-ed writing. There is no better time than now to start.

Why did you start your Substack?

When I was editing at Fortune, I received so many pitches that covered the same topics and trotted out the same arguments. I struggled to find original articles to publish.

I realized that I could help potential op-ed writers by working with them directly to come up with original ideas that editors want to read and relying on my journalistic experience to draw out their most interesting insights. I enjoy reviewing op-ed pitches and explain what works and what canbe improved.

Make it hard for an editor to say no: How to jump to the top of the queue

  • Embrace your expertise, and don’t hesitate to dive deep into your specific knowledge areas.
  • Find out in advance if the publication will accept and approve an abstract or if they will only consider a finished article. This will save time writing a piece that won’t be considered.
  • Write in a casual, conversational style to establish an emotional connection.
  • Focus on topics about which you have expertise that would likely intrigue the average person.
  • Find ways to blend your expertise with current events.
  • Personalize your writing with your own experiences and stories.
  • Bring in examples and data to substantiate your arguments.
  • Be opinionated! This may sound obvious, but a lot of opinion writing tries too hard to be objective. That’s not the point.
  • Keep articles shorter than 1,000 words. That’s usually around the upper limit for an opinion vertical. (There are some exceptions to this, so you have to do your homework.)
  • Don’t write long-winded introductions full of background information. Keep introductions short and to the point.
  • Use simple sentence structures so your piece is easier to read.
  • Submit to only one publication at a time. You will usually hear if your article is accepted in one to two days. If not, don’t hesitate to follow up.

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