Legal Writing in Plain English: A Text with Exercises (Volume 2001) (Chicago Guides to Writing, Editing, and Publishing)

By Bryan A. Garner

Book Overview

Admirably clear, concise, down-to-earth, and powerful-unfortunately, these adjectives rarely describe legal writing, whether in the form of briefs, opinions, contracts, or statutes. In Legal Writing in Plain English, Bryan A. Garner provides lawyers, judges, paralegals, law students, and legal scholars sound advice and practical tools for improving their written work. The book encourages legal writers to challenge conventions and offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. In essence, it teaches straight thinking--a skill inseparable from good writing.

Replete with common sense and wit, the book draws on real-life writing samples that Garner has gathered through more than a decade of teaching in the field. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting. Meanwhile, Garner explores important aspects of document design. Basic, intermediate, and advanced exercises in each section reinforce the book's principles. (An answer key to basic exercises is included in the book; answers to intermediate and advanced exercises are provided in a separate Instructor's Manual, free of charge to instructors.) Appendixes include a comprehensive punctuation guide with advice and examples, and four model documents.

Today more than ever before, legal professionals cannot afford to ignore the trend toward clear language shorn of jargon. Clients demand it, and courts reward it. Despite the age-old tradition of poor writing in law, Legal Writing in Plain English shows how legal writers can unshackle themselves.

Legal Writing in Plain English includes:

*Tips on generating thoughts, organizing them, and creating outlines.
*Sound advice on expressing your ideas clearly and powerfully.
*Dozens of real-life writing examples to illustrate writing problems and solutions.
*Exercises to reinforce principles of good writing (also available on the Internet).
*Helpful guidance on page layout.
*A punctuation guide that shows the correct uses of every punctuation mark.
*Model legal documents that demonstrate the power of plain English.

• Format: Hardcover
• Language: English
• ISBN: 0226284174
• ISBN13: 9780226284170
• Release Date: June 2001
• Publisher: University of Chicago Press
• Length: 256 Pages
• Weight: 1.02 lbs.
• Dimensions: 9.5" x 1.0" x 6.5"

Customer Reviews

Stolen

Package was not there. It was stolen or delivered to wrong address.

The Great Garner Strikes Another Blow for Good Prose

Bryan A. Garner is leading what might be a Quixotic charge to make lawyers write clear, clean, unambiguous and even interesting prose. This book is a recent addition to the Garner arsenal, which includes the excellent The Winning Brief and A Dictionary of Modern Legal Usage. The anonymous writer from New York who slams Garner is wrong. He claims that traditional legal drafting has stood the test of time and is readily understood by judges, who ultimately have to interpret it. If the writing were clear to begin with, the parties wouldn't get to a judge. They'd likely settle. And that writer ignores the fact that there are thousands, perhaps millions, of legal decisions over contract disputes, almost all arising from documents that were "traditionally drafted." And different judges can decide differently about the meaning of a clause. That writer askes rhetorically whether Garner would insist that mathematicians use prose to make their work clear to laypeople. The rhetoric ignores the fact that mathematics is its own language. Legal writing is written in English, the same English used to buy groceries, talk lovingly to your spouse, and complain to the doctor about what ails you. There is no valid reason a contract should be beyond the comprehension of a layperson, other than lawyers' need to feel like they're elevated professionals with a grip on arcana. And the writer's praise of "Notwithstanding anything to the contrary" as an incantatory phrase in contracts overlooks an obvious improvement: "DESPITE anything in this agreement to the contrary . . . ." Garner is a brilliant, insightful teacher who cares deeply about the language and its highest and best use. We know what happens with legalese: litigation and contention and noncomprehension. Give plain English a try, with Garner as your guide to Aquinas's trinity of wholeness, harmony, radiance, and of course clarity clarity clarity.

Common sense for people who need it.

The point of Garner's book is to write for the reader. This book would be helpful to any lawyer, if only because it forces us to think about how and why we are writing. Too often, writers treat style manuals as if they were infallible--written on stone tablets by a divine author. Garner's book is not perfect and cannot be applied with a thoughtless rigor. As an appellate lawyer, I generally try to follow Garner's style, but sometimes it doesn't fit. The corporate lawyer who complained about the book did not read it closely enough. Garner opposes thoughtless attachment to legalese, but he acknowledges that sometimes legal writers have to use terms of art. He also urges writers to be concise. I don't know where the corporate lawyer got the idea that Garner advocates "two pages of easily accessible prose over two sentences of conventional drafting," but it is not from this book.Accept or reject Garner's advice as you wish, but thinking about clear writing will make you a better lawyer. Most of what Garner writes is common sense, but it's common sense legal writers often lack.

Attorneys can't write well without this book!

Quit searching -- this is the best book on legal writing that you will find. It is outstanding.I am an attorney in Texas, and I have attended two of Mr. Garner's legal-writing seminars. He is currently the leading authority on legal writing; he is also an engaging speaker. His approach is to eliminate legalese and to present a powerful and succinct message. This approach has a very practical foundation -- over the years, Mr. Garner has polled judges across the country to see which writing elements they prefer. This volume distills Mr. Garner's findings into a compact, 227-page format. The book also contains model documents -- a research memorandum, a legal motion, an appellate brief, and a business contract -- which serve as excellent reference tools for the legal practitioner.Put simply, if you don't subscribe to Mr. Garner's advice, you don't know how to write well. And this book is the best way yet to access to Mr. Garner's valuable insight. This book is an ESSENTIAL reference tool.