Legal Writing in Plain English: A Text With Exercises Review

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(More customer reviews)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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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.

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