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Legal Writing in Plain English: A Text With Exercises

Bryan A. Garner

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.

Plain English for Lawyers

Richard C. Wydick

Wydick s Plain English for Lawyers--now in its fifth edition--has been a favorite of law students, legal writing teachers, lawyers, and judges for over 25 years.

In January 2005, the Legal Writing Institute gave Wydick its Golden Pen Award for having written Plain English for Lawyers. The Legal Writing Institute is a non-profit organization that provides a forum for discussion and scholarship about legal writing, analysis, and research. The Institute has over 1,300 members representing all of the ABA-accredited law schools in the United States. Its membership also includes law teachers from other nations, English teachers, and practicing lawyers.

The LWI award states: 'Plain English for Lawyers . . . has become a classic. Perhaps no single work has done more to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing.'

In 2003 Wydick retired after 32 years on the law faculty of the University of California, Davis. But he still teaches his favorite course -- a seminar in advanced legal writing for third-year law students. For the past eight summers he has also lectured at the International Legislative Drafting Institute presented in New Orleans by the Public Law Center, a joint venture of Tulane and Loyola law schools. There the audience consists of lawyers and non-lawyers from abroad who earn their living drafting legislation in many different languages. 'Teaching at the Institute,' Wydick says, 'is a precious opportunity to learn how much we English-users have in common with people who write laws in other languages.'

How does the fifth edition of Plain English for Lawyers differ from its predecessors? It remains (in size only!) a little book, small enough and palatable enough not to intimidate over-loaded law students. 'Most of the text remains the same,' Wydick says, 'but in the past seven years I ve learned some new things about writing in English, and I want to share that with the readers.' In addition, the exercises at the end of the chapters are different (a welcome change for long-time teachers who are tired of the old ones). Finally, the teacher's manual includes additional exercises that teachers can give to students who want or need extra practice.

Point Made: How to Write Like the Nation's Top Advocates

Ross Guberman

With Point Made, legal writing expert Ross Guberman throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want.
The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture."
Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply.

The Redbook: A Manual on Legal Style (2d Ed.)

Bryan A. Garner, Jeff Newman, Tiger Jackson

Provides a comprehensive guide to the essential rules of legal writing. Unlike most style or grammar guides, it focuses on the special needs of legal writers. answering a wide spectrum of questions about grammar and style both rules as well as exceptions. Also gives detailed, authoritative advice on punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal context. Designed for law students, law professors, practicing lawyers and judges, the work emphasizes the ways in which legal writing differs from other styles of technical writing. Its how to sections deal with editing and proofreading, numbers and symbols, and overall document design.

Typography for Lawyers

Matthew Butterick

"If Matthew Butterick didn't exist, it would be necessary to invent him." From the Foreword by Bryan A. Garner

Based on the popular website, Typography for Lawyers is the first guide to the essentials of typography aimed specifically at lawyers. Author Matthew Butterick, a Harvard-trained typographer and practicing attorney, dispels the myth that legal documents are incompatible with excellent typography. Butterick explains how to get professional results with the tools you already have quickly and easily. Topics include special keyboard characters, line length, point size, font choice, headings, and hyphenation. The book also includes tutorials on specific types of documents like résumés, research memos, and motions.

The Elements of Legal Style

Bryan A. Garner

When Bryan A. Garner's award-winning Dictionary of Modern Legal Usage appeared in 1987, it was widely acclaimed throughout the English-speaking world. Just in the U.S., Harvard Law Review called it "an authoritative guide" that "all legal writers will find...invaluable." ABA Journal hailed it as "a work of learning, taste, care, and wit"; and the Michigan Bar Journal called it "a landmark reference." Garner modeled that volume after Fowler's venerable Dictionary of Modern English Usage. Now he has written a new writing guide, this one inspired by Strunk & White's classic book, The Elements of Style.
Like the Strunk & White book, The Elements of Legal Style offers authoritative, down-to-earth, and often witty advice on a broad array of writing concerns, from basic grammatical rules to enhancing clarity, force, and persuasiveness. Unlike Strunk & White, it is written for lawyers, law students, judges and their law clerks--for anyone who writes in and about the law. With broad experience as a practitioner, academic, and writing consultant, Garner knows first hand where legal writing goes wrong, and he pays particular attention to these trouble spots. He not only reveals how and why lawyers spill their words vervbosely, he also memorably shows how lawyers can clean up their spills. In a section on commonly misused words in law, Garner crisply guides readers through the hazards of legal wordchoice. Throughout the book, Garner draws on splendid and not-so-splendid examples of legal prose to illustrate his points, quoting such eminenences as Justice Holmes, Clarence Darrow, William Prosser, Fred Rodell, Ronald Dworkin, Laurence H. Tribe, and Justice Scalia.
Fred Rodell, the Yale law professor, once wrote that "90 per cent of American scholars and at least 99.44 per cent of American legal scholars not only do not know how to write simply; they do not know how to write." Rodell exaggerated for comic effect, of course, but legal writing certainly needs improvement. In The Elements of Legal Style, Bryan Garner shows the way.

Legal Research, Analysis, and Writing (3rd Edition)

Joanne Banker Hames, Yvonne Ekern

By integrating the basics of legal research, legal analysis and legal writing, this book clarifies the interrelationship of these three competencies and allows readers to experience the total legal research process. Its goal is to provide readers with the basic knowledge and tools needed to research and analyze a legal problem and communicate the results of that research and analysis in different types of legal memoranda. Included in the book are skill-building exercises, sample law book pages and a built-in legal dictionary. This edition features expanded coverage of legal writing, a new chapter on legal correspondence, more on computer assisted legal research, and new appendices that reinforce the integrated approach of the book.

The Pocket Guide to Legal Writing

William H. Putman

The Pocket Guide to Legal Writing is designed as a desk book for use by practicing paralegals, legal assistants, attorneys, and students. It is a reference book that allows the user to quickly obtain the answer to many commonly encountered writing questions concerning the following subjects: sentence and paragraph drafting, word selection and usage, spelling, numbers, grammar, punctuation, legal citation, legal correspondence, legal research memoranda, and court briefs. It also includes a chapter on the location of various non fee-based internet and other computer based legal research sources. There is a chapter that presents a collection of general considerations involved in legal writing, including a detailed discussion of the legal writing process (an organized approach to legal research, analysis, and writing that helps you develop writing skills and makes legal writing easier) and guidelines to follow when engaging in the process. The book is color coded so information may be easily located and designed to lie flat on a desk next to a computer. It is written in a non technical manner and designed so that it is easy to understand and use by anyone working in a law office. It includes checklist for use in conjunction with the various types of legal writing.

The Lawyer's Guide to Writing Well

Tom Goldstein, Jethro Koller Lieberman

This eminently practical volume demystifies legal writing, outlines the causes and consequences of bad writing, and prescribes straightforward, easy-to-apply remedies that will make your writing readable. Complete with usage notes that address lawyers' most common errors, this well-organized book is both an invaluable tool for practicing lawyers and a sensible grounding for law students. This much-revised second edition contains a set of editing exercises (and a suggested revision key with explanations) to test your skill. This book is a definitive guide to becoming a better writer--and a better lawyer.

Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption

Shon Hopwood, Dennis Burke

Law Man is an improbablee-but-true memoir of redemption -- the story of a young bank robber who became the greatest jailhouse lawyer in American history, and who changed not just his own life, but the lives of everyone around him.
 
Shon Hopwood was a good kid from a good Nebraskan family, a small-town basketball star whose parents had started a local church. Few who knew him as a friendly teen would have imagined that, shortly after returning home from the Navy, he’d be adrift with few prospects and plotting to rob a bank.  But rob he did, committing five heists before being apprehended.
 
Only twenty three and potentially facing twelve years in Illinois’ Pekin Federal Prison, Shon feared his life was already over. He’d shamed himself and his loving family and friends, and a part of him wanted to die.  He wasn’t sure at first if he’d survive the prison gangs, but slowly glimmers of hope appeared.  He earned some respect on the prison basketball court, received a steady flow of letters from hometown well wishers, including a note from a special girl whom he’d thought too beautiful to ever pay him notice – and, most crucially, he secured a job in the prison law library.
 
It was an assignment that would prove his salvation.
 
Poring over the library’s thick legal volumes, Shon discovered that he had a knack for the law, and he soon became the go-to guy for inmates seeking help. Then came a request to write a complex petition to the Supreme Court – a high-wire act of jailhouse lawyering that had never before met with success. 
 
By the time Shon walked out of Pekin Prison he’d pulled off a series of legal miracles, earned the undying gratitude of numerous inmates, won the woman of his dreams, and built a new life for himself far greater than anything he could have imagined.
 
A story that mixes moments of high-adrenaline with others of deep poignancy, Law Man is a powerful reminder that even the worst mistakes can be redeemed through faith, hard work and the love and support of others.
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