Attorneys and White Papers: The Common Thread

By Michael Stelzner

Legal DiscussionWhile working on a recent project, one of my customers said something that stopped me dead in my tracks. “You know, in my previous life I was an attorney, and what you are telling me about white papers is not all that different from what I would say when defending a case.”

Hmm. Things started connecting in my brain and then shazamm!—the light went on.

A white paper is not far from a courtroom legal argument. Interestingly, they are amazingly similar. Good white papers:

  • Formulate arguments
  • Interview witnesses
  • Carefully examine the opposing parties’ claims
  • Present a persuasive case, backed up by facts
  • Preempt objections
  • Help the jury make the right decision

Legal arguments are equivalent to the problems or needs faced by white paper readers. For example, “Knowledge workers are wasting precious corporate time recreating information that already exists somewhere within the enterprise.” Formulate good arguments and persuade.


Witnesses are the content experts, the analysts and customers. A good white paper writer will ask lots of questions to develop a solid message and may even bring star witnesses “to the stand” by quoting them in the white paper.

Examining the defense’s claims are akin to examining the competition’s claims—a critical procedure when developing a white paper. Make sure your white paper addresses all the issues your competition does.

Good white papers do not simply present the facts, they also explain what the facts mean and why they should be weighed when making a decision. A key goal of most white papers is to persuade readers.

Key objections can and often should be neutralized by addressing them clearly in the white paper. For example, if a competitor clearly has a more advanced cooling system in their computing hardware, it might be wise to talk about the non-standard equipment necessary to adopt such a system.

Similar to helping the jury make a decision, a good white paper should be written in easy-to-understand language, the facts should be restated in different ways and you should ask the reader to act at the end of the paper.

Now go argue your case and produce an excellent white paper.

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  • DamionKutaeff
    Hello everybody, my name is Damion, and I'm glad to join your conmunity,
    and wish to assit as far as possible.
  • Very interesting. One of the things I did in one of my many lives as a writer was write legal settlement brochures and produce and shoot the videos. The premise of the brochures was to show the problem which most often was a death or severe injury, show the lives before the calimitous event, and then show the results of the loss or injury.

    We were creating a very persuasive document to "marshall our case" as Britton said in his comment.

    These pieces were quite compelling and were primarily used both in print form and in video as a tool to get the other side to settle. They would often be used in the last weeks prior to the court case when all other forms of settlement had failed.

    In creating this we were formulating the argument, interview witnesses, building a persuasive case and pre-empting objections in order to persuade the jury.

    I would also point out the growing sector of white papers written specifically to target the legal arena and the issues that they are dealing with whether it be case management software, or Sarbanes-Oxley regulations. If you go to this link you can see quite a few white papers just for the legal vertical and study how they are constructed etc. - http://www.law.com/jsp/legaltechnology/whitepapers.jsp .
  • Great post. Metaphors are powerful and this is a compelling one. Like you, I think the best lawyers -- and writers -- have a very disciplined process for engaging in the "discovery" process. They marshal the evidence to clearly and compellingly present their case. In fact, I suspect we will see the ongoing "professionalization" of marketing (and sales) move in a direction that is very much like the legal field. Much more emphasis will be placed on upfront research and carefully constructed "briefs" (to outline the case, establish a "precedent" and compile the facts), much less will be placed on actually "persuading" a jury of decision-makers. Remember, 95% of cases are settled out of court (which is like a wide open decision process where anything can happen). Rather than relying on salesmen to persuade the decision-makers, let the evidence speak for itself.
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