David F. Herr Interview

I would certainly never advise lawbook writing as a "get-rich-quick" scheme, but it has proven to be an important part of my professional development, as well as a very satisfying "hobby." It has unquestionably helped me with the development of expertise in law.

I would disclaim any addiction, though when I finish a book and see that it serves a useful role for the readers, I seem to keep coming up with a desire to do something new. The one poem I wrote and published wasn't very good, so I will probably continue with law books.

The books aren't really all that diverse. Each relates to some aspect of civil procedure. I hope they are all not academic masterpieces, but instead are practical and useful to practicing lawyers and judges dealing with real problems. There are plenty of professors who focus on the lofty glory of the law; I tend to find the day-to-day litigation practice more interesting.

There isn't any formula, but there are some common threads. I certainly think some planning is rewarded: "Ready! Fire! Aim!" is not a very good approach to writing. Some analysis of what need one is trying to fill and how one might address that need is something I have done to some degree for all my books.

I have also found having a co-author a very helpful exercise – not just to share the work, but to bring some diversity of experience, insight, writing style, and judgment to the project.

I think there is a great synergy between the various facets of my professional life. I have an active practice, I serve as Reporter for three Minnesota Supreme Court Advisory Committees, and I have taught at law school and CLE programs my entire career.

Each of those experiences has enriched my experience as a litigator, and has undoubtedly enriched my writing. I would also point out that my writing on civil discovery as a young lawyer – really while on Law Review in law school – was the reason I was first asked to serve on the Civil Rules Advisory Committee, and much of my Minnesota writing has come from that experience.

I learn so much from speaking and preparing to speak. I learn from sitting in the Green Room or at dinner the night before a program from my fellow faculty members, and I learn from the audiences and their questions. Teaching CLE courses is one of the best ways to keep your finger on the pulse of what the issues are.

It really is the reader, and not the author, that controls whether the book will be accessed online or in print. Ultimately, however, the author should have in mind that there are two slightly different, but equally important, audiences.

I think the person reading on-screen is happy with more self-contained text. I also think that what I constantly preach for appellate brief writing – using titles and subtitles liberally - also helps with online readability.

Reserving time for writing is a good idea. There is a reason, of course, that we all acknowledge the un-repayable debts to our families at the front of our books. Writing does take time, and time is a pretty precious thing for just about everyone I know.