Customer Reviews

Garner on Language and Writing

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I've been waiting for this book to be available for more than a year, and it did not disappoint. If you love language, especially if you are a lawyer but not just then, you will want this book. Bryan Garner is my legal writing guru. I've taken several of his classes and own most of his books (except the one about golf). He has markedly improved my legal writing, but even more importantly, he has significantly contributed to my knowledge and appreciation of written English in all of its variations.

We have waged debates with opposing counsel using Garner as our guide: why on earth must "shall" be used in contracts? It need not, says Bryan, and this book explains why. Persuasively.

There's lots more here for everyone. If you love words and love language, I guarantee you will love this book and will turn to it frequently.

In a world where everyone is looking for a loophole, good wording is essential. "Garner on Language and Writing" is a law discussion from Bryan Garner discussing th many problems in today's legalese writing from all levels of discussion. With wit along with his wisdom, Garner's manual of law isn't just plain and straight text, as Garner does much to make his book entertaining as well as outlining things that should be avoided in today's world of legal language. Educational, enlightening, entertaining, Garner produces a volume with all of these qualities, with additional tributes to those who have made Garner and his career possible, making "Garner on Language and Writing" is enthusiastically recommended reading for law students or anyone who wants a better understanding of the jungle of the law.

I love well-written books on using the written word, and this is a good one. Although the main focus is on legal writing, the book is accessible and useful even for those of us who aren't legal scholars. And for those of us who enjoy reading about the law, it is doubly enjoyable. Garner encourages clarity and precision in writing, which is always good advice, whatever your field.

The large and well organized final chapter, "Recommended Sources on Language and Writing," has added many books to my wanted list, and makes this book even more of a must-have for those who are interested in good writing in general and legal writing in particular.

For the first time in my reading life, I've found a book (Bryan A. Garner's "Garner on Language and Writing") that reveals a sense of humor on its title page.

Look no farther down the page than its disclaimer section.

First, we have the American Bar Association's (the publisher's) orthodox version, weighed down by a ton of legalese:

"The materials contained herein represent the opinions and views of the author, and should not be construed to be the views or opinions of the law firms or companies with whom such persons are in partnership with, associated with, or employed by, nor of the American Bar Association, unless adopted pursuant to the bylaws of the Association. Nothing contained in this book is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. This book and any forms and agreements herein are intended for educational and informational purposes only." [To experience the full impact of this convolution, you must read every word; no skipping.]

But just below that we encounter a piquant surprise. With the amused approval of the publisher, Garner has supplied his own version of what the disclaimer should have been, reflecting his penchant for brevity and clarity and sanity:

"The essays in this volume represent the author's views -- not those of the American Bar Association."

Let the record show that the staid American Bar Association has allowed itself to be twitted.

Behold: Exhibit A of humorous corporate tolerance. The proof is conclusive and irrefutable.

Case closed.

Bryan A. Garner is the author or more than a dozen legal-linguist books, including Garner's Modern American Usage; A Dictionary of Modern American Usage; Legal Writing in Plain English; The Elements of Legal Style; and many others. Since 1991, he has also been the editor-in-chief of Black's Law Dictionary.

In other words, he knows his stuff.

This book is a compilation of essays covering a variety of subjects, such as the basics of learning to write, style, persuasion, grammar and lexicography. He also covers topics of specific interest to lawyers, such as contractual and legislative drafting, writing in law school, writing in law practice, and judicial writing.

The book includes a foreword by Supreme Court Justice Ruth Bader Ginsburg in which she declares that the book is a "must read" primer for her law clerks. Garner must be looked at with favor by members of the Supreme Court, he also wrote Making Your Case: The Art of Persuading Judges with Supreme Court Justice Antonin Scalia. Any interesting ABA Journal interview transcript with Garner and Justice Scalia is available here: [...]

Most lawyers, and probably all judges, agree that good writing is essential to the practice of law. But after taking that legal writing class in law school, it's hard to put in the effort needed to write persuasively, isn't it? After all, once you're in practice, it's obvious that lawyers and judges write in legalese - always have, always will. To have merit in a legal document, plain English must take a back seat to legal terminology - right?

Garner vehemently disagrees. In one of his early essays, he writes:

There are two - and only two - major skills that you need as a lawyer; people shills and writing skills. If you have them, you're pretty well assured of success in the legal profession. Although some people who excel in people skills don't write well, it's all but impossible to write well of you don't understand people. They're your readers, after all, and you must think about them constantly when you write, Understanding readers is, in legal terms, a condition precedent to good writing.

Garner goes on to describe exactly what you can do to improve your writing and he often does so in a way seldom used by writing instructors: with humor, wit and examples from every type of legal writing imaginable. The result is that you are entertained while you learn, which makes the lessons that much more memorable.

This book covers nearly any point you might need clarification on in writing and drafting legal documents. Take the word "shall" for example, why is this word so often used in contracts? Garner argues that shall runs afoul of many basic principles of good drafting since it is capable of a variety of meanings. He gives specific examples and concludes that the word "must" is much preferred.

Garner also persuasively deals with what he describes as the "dirty dozen" list of words that should just be done away with in legal documents:

1. and/or;

2. deem;

3. herein;

4. know all men by these presents;

5. provided that;

6. pursuant to;

7. said;

8. same;

9. shall;

10. such;

11. whereas; and

12. witnesseth.

Garner also includes book reviews, interviews, and tributes to various writers, including a personal and moving tribute to Garner's teacher and friend, Charles Alan Wright. It is a deeply moving essay and not to be missed.

Finally, there is an entire chapter on book recommendations which includes an ambitious list of a lifetime reading program consisting of a dozen books on writing and another five books on grammar, usage, and style. This is followed by a comprehensive bibliography of recommended books categorized in the following areas:

General Reference

Writing

Editing

Grammar

Usage

Logic and rhetoric

Word-loving

Linguistics

Public speaking

Reading

Law

Subscriptions

Whatever your question is about legal writing, from the very specific (like what word to use or avoid), to the more general advise of ways to be a more effective and persuasive writer, this book provides clear advice. Like the Prego spaghetti commercial, "it's in there."

This is the latest from the truly leading authority on the English language and writing. No doubt it's worth the price. It covers a wide range of topics, and his writing is unmatched in that he passionately practices what he eloquently preaches: Write to express, not impress. I'm delighted to add the book to the GARNER corner of my bookshelf, and I already recommend it to my friends in the U.S. and abroad, many of whom are as familiar with GMAU as I am, if not more.

Bryan has done it again. This book is a great collection of essays and articles on usage, style, and legal writing. A worthy addition to the shelf of any lawyer nerdy--or professional--enough to know who Strunk and White were.

especially those that need help in that area. This book was instrumental to me during my legal writing class. Legal writing is a vastly different animal from any undergraduate writing I have done. Garner does a masterful job breaking down the process so as to be easily digestable to the layperson. Highly recommend this book to anyone trying to improve their writing skills.

Garner on Language and Writing is an entertaining and informative series of essays on the structure and style of legal writing. The essays are useful for anyone who has struggled with legal citations, lexicography or understanding the overwhelming amount of Latin required used in the legal profession.