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

§ 21. Plan all three parts: the beginning, the middle, and the end. 55 § 22. Use the "deep issue" to spill the beans on the first page. 58 § 23. Summarize. Don't overparticularize. 62 § 24. Introduce each paragraph with a topic sentence. 65 § 25. Bridge between paragraphs. 67 § 26. Vary the length of your paragraphs, but generally keep them short. 72 § 27. Provide signposts along the way. 75 § 28. Unclutter the text by moving citations into footnotes. 77 § 29. Weave quotations deftly into your narrative. 83 § 30. Be forthright in dealing with counterarguments. 85 part three: Principles Mainly for Legal Drafting 89 § 31. Draft for an ordinary reader, not for a mythical judge who might someday review the document. 91 § 32. Organize provisions in order of descending importance. 93 § 33. Minimize definitions. If you have more than just a few, put them in a schedule at the end-not at the beginning. 97 § 34. Break down enumerations into parallel provisions. Put every list of subparts at the end of the sentence-never at the beginning or in the middle. 100 § 35. Delete every shall. 105 § 36. Don't use provisos. 107 § 37. Replace and/or wherever it appears. 112 § 38. Prefer the singular over the plural. 114 § 39. Prefer numerals, not words, to denote amounts. Avoid word-numeral doublets. 115 § 40. If you don't understand a form provision-or don't understand why it should be included in your document-try diligently to gain that understanding. If you still can't understand it, cut it. 117 part four: Principles for Document Design 121 § 41. Use a readable typeface. 123 § 42. Create ample white space-and use it meaningfully. 124 § 43. Highlight ideas with attention-getters such as bullets. 125 § 44. Don't use all capitals, and avoid initial capitals. 126 § 45. For a long document, make a table of contents. 127 part five: Methods for Continued Improvement 135 § 46. Embrace constructive criticism. 137 § 47. Edit yourself systematically. 138 § 48. Learn how to find reliable answers to questions of grammar and usage. 140 Contents x § 49. Habitually gauge your own readerly likes and dislikes, as well as those of other readers. 143 § 50. Remember that good writing makes the reader's job easy; bad writing makes it hard. 145 Appendix A How to Punctuate 147 Appendix B Four Model Documents 164 1. Research Memorandum 165 2. Motion 173 3. Appellate Brief 182 4. Contract 196 Key to Basic Exercises 207 Index 223 Contents xi Preface xiv Honore ́, both for his electric wit (on any subject) and for his many kindnesses (including the extended use of his library carrel). My family-my wife, Teo, and our two daughters, Caroline and Alexandra-were as supportive as ever. I believe they know how grateful I am. Cover Page 1 Title: Legal Writing in Plain English: A Text with Exercises 4 ISBN 0226284174, 0226284182 5 Contents 10 Preface 14 Introduction 18 part one: Principles for All Legal Writing 22 1. Framing Your Thoughts 24 § 1. Have something to say—and think it through. 24 § 2. For maximal efficiency, plan your writing projects. Try nonlinear outlining. 26 § 3. Order your material in a logical sequence. Use chronology when presenting facts. Keep related material together. 31 § 4. Divide the document into sections, and divide sections into smaller parts as needed. Use informative headings for the sections and subsections. 35 2. Phrasing Your Sentences 38 § 5. Omit needless words. 38 § 6. Keepy our average sentence length to about 20 words. 40 § 7. Keepthe subject, the verb, and the object together—toward the beginning of the sentence. 44 § 8. Prefer the active voice over the passive. 45 § 9. Use parallel phrasing for parallel ideas. 49 § 10. Avoid multiple negatives. 51 § 11. End sentences emphatically. 52 3. Choosing Your Words 55 § 12. Learn to detest simpli.able jargon. 55 § 13. Use strong, precise verbs. Minimize is, are, was, and were. 58 § 14. Turn -ion words into verbs when you can. 59 § 15. Simplify wordy phrases. Watch out for of. 61 § 16. Avoid doublets and triplets. 64 § 17. Refer to people and companies by name. 65 § 18. Don’t habitually use parenthetical shorthand names. Use them only when you really need them. 66 § 19. Shun newfangled acronyms. 68 § 20. Make everything you write speakable. 69 part two: Principles Mainly for Analytical and Persuasive Writing 74 § 21. Plan all three parts: the beginning, the middle, and the end. 76 § 22. Use the “deep issue” to spill the beans on the .rst page. 79 § 23. Summarize. Don’t overparticularize. 83 § 24. Introduce each paragraph with a topic sentence. 86 § 25. Bridge between paragraphs. 88 § 26. Vary the length of your paragraphs, but generally keep them short. 93 § 27. Provide signposts along the way. 96 § 28. Unclutter the text by moving citations into footnotes. 98 § 29. Weave quotations deftly into your narrative. 104 § 30. Be forthright in dealing with counterarguments. 106 part three: Principles Mainly for Legal Drafting 110 § 31. Draft for an ordinary reader, not for a mythical judge who might someday review the document. 112 § 32. Organize provisions in order of descending importance. 114 § 33. Minimize de.nitions. If you have more than just a few, put them in a schedule at the end—not at the beginning. 118 § 34. Break down enumerations into parallel provisions. Put every list of subparts at the end of the sentence—never at the beginning or in the middle. 121 § 35. Delete every shall. 126 § 36. Don’t use provisos. 128 § 37. Replace and/or wherever it appears. 133 § 38. Prefer the singular over the plural. 135 § 39. Prefer numerals, not words, to denote amounts. Avoid word–numeral doublets. 136 § 40. If you don’t understand a form provision—or don’t understand why it should be included in your document—try diligently to gain that understanding. If you still can’t understand it, cut it. 138 part four: Principles for Document Design 142 § 41. Use a readable typeface. 144 § 42. Create ample white space—and use it meaningfully. 145 § 43. Highlight ideas with attention-getters such as bullets. 146 § 44. Don’t use all capitals, and avoid initial capitals. 147 § 45. For a long document, make a table of contents. 148 part five: Methods for Continued Improvement 156 § 46. Embrace constructive criticism. 158 § 47. Edit yourself systematically. 159 § 48. Learn how to find reliable answers to questions of grammar and usage. 161 § 49. Habitually gauge your own readerly likes and dislikes, as well as those of other readers. 164 § 50. Remember that good writing makes the reader’s job easy; bad writing makes it hard. 166 Appendix A How to Punctuate 168 Appendix B Four Model Documents 185 1. Research Memorandum 186 2. Motion 194 3. Appellate Brief 203 4. Contract 217 Key to Basic Exercises 228 Index 244 ISBN:,0-226-28417-4,(cloth),ISBN:,0-226-28418-2,(paper) ISBN: 0-226-28417-4 (cloth),ISBN: 0-226-28418-2 (paper)

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.

This text provides lawyers, judges, paralegals, law students and legal scholars advice and practical tools for improving their written work. It offers insight into the writing process: how to organize ideas, create and refine prose, and imporove editing skills. The book draws on real life examples and covers all types of legal materials, from analytical and persuasive writing to legal drafting. The author also explores aspects of document design, and provides exercises in each section to reinforce the book's principles Offers Those In The Law Profession, Including Lawyers, Judges, Paralegals, And Law Students, Advice And Tools To Help Them Improve Their Writing Skills. 1. Principles For All Legal Writing -- 2. Principles Mainly For Analytical And Persuasive Writing -- 3. Principles Mainly For Legal Drafting -- 4. Principles For Document Design -- 5. Methods For Continued Improvement -- Appendices : (a) How To Punctuate -- (b) Four Model Documents -- Key To Basic Exercises. Bryan A. Garner. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward."--Pub. desc.