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Legal Writing in Plain English: A Text With Exercises [Paperback]

Bryan A. Garner
4.5 out of 5 stars  See all reviews (43 customer reviews)

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There is a newer edition of this item:
Legal Writing in Plain English, Second Edition: A Text with Exercises (Chicago Guides to Writing, Editing, and Publishing) Legal Writing in Plain English, Second Edition: A Text with Exercises (Chicago Guides to Writing, Editing, and Publishing)
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Book Description

June 5, 2001 0226284182 978-0226284187 1
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.



Frequently Bought Together

Legal Writing in Plain English: A Text With Exercises + The Elements of Legal Style + The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts
Price for all three: $72.25

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Editorial Reviews

From the Inside Flap

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 sharpen editing skills. In essence, it teaches straight thinking--a skill inseparable from good writing.


About the Author

Bryan A. Garner is president of LawProse, Inc., and Distinguished Research Professor of Law at Southern Methodist University. The editor-in-chief of Black’s Law Dictionary, Garner is the author of several best-selling books, including Garner’s Modern American Usage and, with Justice Antonin Scalia, Reading Law: The Interpretation of Legal Texts and Making Your Case: The Art of Persuading Judges.


Product Details

  • Paperback: 227 pages
  • Publisher: University Of Chicago Press; 1 edition (June 5, 2001)
  • Language: English
  • ISBN-10: 0226284182
  • ISBN-13: 978-0226284187
  • Product Dimensions: 6.5 x 0.7 x 9.2 inches
  • Shipping Weight: 12.8 ounces (View shipping rates and policies)
  • Average Customer Review: 4.5 out of 5 stars  See all reviews (43 customer reviews)
  • Amazon Best Sellers Rank: #8,474 in Books (See Top 100 in Books)

More About the Author

Bryan Garner is the award-winning author or editor of more than 20 books. He is a prolific lecturer, having taught more than 2,500 writing workshops since the 1991 founding of his company, LawProse, Inc. His works include Garner on Language and Writing and Making Your Case: The Art of Persuading Judges, co-written with Justice Antonin Scalia. Garner has served as editor-in-chief of Black's Law Dictionary since 1995, and he is the author of the grammar-and-usage chapter in the venerable Chicago Manual of Style.

Customer Reviews

Most Helpful Customer Reviews
67 of 70 people found the following review helpful
5.0 out of 5 stars The Great Garner Strikes Another Blow for Good Prose March 30, 2003
Format:Paperback
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.
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44 of 46 people found the following review helpful
5.0 out of 5 stars Common sense for people who need it. December 3, 2002
By A Customer
Format:Hardcover|Amazon Verified Purchase
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.

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35 of 36 people found the following review helpful
5.0 out of 5 stars A Wonderful Guide! September 3, 2002
By A Customer
Format:Hardcover
I strongly agree with five of the six amazon.com reviews, which are highly favorable and award five stars. This book is beautifully written, well organized, and eminently sound. Garner tackles the difficult job of convincing staid, inflexible lawyers to abandon the age-old practice of using incomprehensible legalese and thus ensuring that their contracts will have to be translated for those whose lives are affected by them and later interpreted in costly litigation.

Most prestigious lawyers, law firms, and judges strongly favor Garner's plain-language approach to drafting. For example, the late Charles Alan Wright, a brilliant Supreme Court lawyer and noted author, called Garner "the world's leading authority on the language of the law." And the Texas Supreme Court enlisted Garner's aid in redrafting the Texas Rules of Appellate Procedure. So it's hard to believe that judges would generally prefer "conventional drafting" over the clear, accessible language that Garner advocates.

The five five-star reviews of the book on this website came from a law professor, a practicing lawyer, a book reviewer, and two others who appear to be nonlawyers. I wondered if the anonymous New York corporate lawyer who gave the book a meager one star knew something that everyone else didn't. So I checked for reviews from highly respected sources. And I found that Harvard Law Review, the Law Library Journal, and Trial have all published very favorable reviews of this book.

The plain-language drafting recommended in this book is widely viewed as beneficial, not only by nonlawyers, but also by highly skilled lawyers who seek to avoid ambiguity and litigation and who strive to improve the tarnished image of lawyers generally. I believe that Garner's approach would be condemned only by a few rich corporate lawyers who thrive by making themselves indispensable in drafting, translating, and later litigating the long, dense form contracts that they produce.

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Most Recent Customer Reviews
5.0 out of 5 stars Great for a rainy day
Used with the Dictionary of Law and the book "Legal Terms", you can be prepared to converse with your lawyer and/or paralegal. Read more
Published 1 month ago by blackhawkdon
3.0 out of 5 stars Interesting...
Thank You...However, it was a bit more complicated for what I was intending to use. Definitely geared for the law student.
Published 1 month ago by sszzque
5.0 out of 5 stars Amazing! Helped me so much!
As a law student, I can't begin to say how much this book helped me through the confusion of class. From the reasons to the exercises, this book really clarifies the confusing... Read more
Published 1 month ago by Retta
5.0 out of 5 stars A great resource!
A common sense approach and strategy to getting things done! No wasting or words or inclusion of useless jargon, just a straight forward method of writing!
Published 2 months ago by Tracker5usmc
4.0 out of 5 stars AMAZING BOOK
I like this book because it has a section describing what all the complicated law terms mean and it also has a couple exercises to help you write better. Read more
Published 2 months ago by Kyle Hamilton
5.0 out of 5 stars A gifted mind and writer
This book is incredibly helpful. Garner provides numerous useful examples and provides common sense writing tips that us practicing law sometimes forget. Read more
Published 2 months ago by Avid Reader
3.0 out of 5 stars This book is best with group study
my english skills are from HS 1973. Needed to have more writing experance for this book. I possibly could have found a groups to work with online. Read more
Published 3 months ago by Wiley Umstead
5.0 out of 5 stars Excellent!!
A must have for every professional, whether in the legal field or others. Learning how to effectively convey information is critical and this book is a necessity to gain those... Read more
Published 4 months ago by Irene
5.0 out of 5 stars I found this book on my own
This is the book I decided to use for my course in advanced legal writing. It was very helpful to the class and I intend to use it again.
Published 4 months ago by Dianne Ferrell Neal
4.0 out of 5 stars Useful and Practical
I have purchased several books about legal writing. I am pretty skeptical about them. Most of the time, they don't have much to say beneath the fluff. Read more
Published 4 months ago by J. Pace
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