Legal Writing in Plain English: A Text with Exercises

by Bryan A. Garner

PrefaceIntroductionPart One: Principles for All Legal WritingFraming Your Thoughts1. Have something to say--and think it through.2. For maximal efficiency, plan your writing projects. Try nonlinear outlining.3. Order your material in a logical sequence. Use chronology when presenting facts. Keep related material together.4. Divide the document into sections, and divide sections into smaller parts as needed. Use informative headings for the sections and subsections.Phrasing Your Sentences5. Omit needless words.6. Keep your average sentence length about 20 words.7. Keep the subject, the verb, and the object together--toward the beginning of the sentence.8. Prefer the active voice over the passive.9. Use parallel phrasing for parallel ideas.10. Avoid multiple negatives.11. End sentences emphatically.Choosing Your Words12. Learn to detest simplifiable jargon.13. Use strong, precise verbs. Minimize is, are, was, and were.14. Turn -ion words into verbs when you can.15. Simplify wordy phrases. Watch out for of.16. Avoid doublets and triplets.17. Refer to people and companies by name.18. Don't habitually use parenthetical shorthand names. Use them only when you really need them.19. Shun newfangled acronyms.20. Make everything you write speakable.Part Two: Principles Mainly for Analytical and Persuasive Writing21. Plan all three parts: the beginning, the middle, and the end.22. Use the "deep issue" to spill the beans on the first page.23. Summarize. Don't overparticularize.24. Introduce each paragraph with a topic sentence.25. Bridge between paragraphs.26. Vary the length of your paragraphs, but generally keep them short.27. Provide signposts along the way.28. Unclutter the text by movingcitations into footnotes.29. Weave quotations deftly into your narrative.30. Be forthright in dealing with counterarguments.Part Three: Principles Mainly for Legal Drafting31. Draft for an ordinary reader, not for a mythical judge who might someday review the document.32. Organize provisions in order of descending importance.33. Minimize definitions. If you have more than just a few, put them in a schedule at the end--not at the beginning.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.35. Delete every shall.36. Don't use provisos.37. Replace and/or wherever it appears.38. Prefer the singular over the plural.39. Prefer numerals, not words, to denote amounts. Avoid word-numeral doublets.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.Part Four: Principles for Document Design41. Use a readable typeface.42. Create ample white space--and use it meaningfully.43. Highlight ideas with attention-getters such as bullets.44. Don't use all capitals, and avoid initial capitals.45. For a long document, make a table of contents.Part Five: Methods for Continued Improvement46. Embrace constructive criticism.47. Edit yourself systematically.48. Learn how to find reliable answers to questions of grammar and usage.49. Habitually gauge your own readerly likes and dislikes, as well as those of other readers.50. Remember that good writing makes the reader's job easy; bad writing makes it hard.Appendix A: How to PunctuateAppendix B: Four Model Documents1. ResearchMemorandum2. Motion3. Appellate Brief4. ContractKey to Basic ExercisesIndex

Genres: Law, Writing, Legal, Nonfiction, Reference, Professional Development, Education

268 pages, Paperback

First published January 1, 2001

Reviews

[Inder · Rating 5 out of 5]

Bryan Garner is a genius. I wish I could use all of his suggestions in my legal writing, but (a) I'm a creature of habit; and (b) the legal profession is stuck in its bad old ways. Still, I do my best to use his better suggestions on a regular basis. No passive voice, people! Deep issues are the only way to go! Put cites in footnotes! Garner is an advocate of simplicity and reason in a profession that wades, eye-deep, in jargon and archaic clogged-up writing. Remember, good writing makes the reader feel smart, not stupid! Although aimed at lawyers, book would be valuable to anyone does a lot of analytical writing in their work. And of course, the book is impeccably written and engaging. You gotta give the guy props - he has managed to write a funny and engaging book about legal writing! Need I say more?

[B · Rating 3 out of 5]

A lot of these tips are as good as tips go. But the book seems to believe that you have, among other things, a group full of lawyers willing to do work to create exercises for each other and access to senior lawyers who are willing to talk about their writing process whenever you'd like.

Some of the exercises include things like (I kid you not) find additional authority that support the tips made in the last chapter.

Garner also tends to treat his preferences like ironclad rules.

[Simon Rask · Rating 4 out of 5]

I expect to rely upon (and regularly consult) this book for years to come.

[Hamid Harasani · Rating 4 out of 5]

This gives some great legal writing tips that any professional legal writer can benefit from. The author's style is truly reflective of his impressive command in writing plain English.

[Michele · Rating 5 out of 5]

Wish I'd had this when I was in law school....

[Dave · Rating 5 out of 5]

If every lawyer read this and adhered to Garner's advice, it would be easier to do business. I know it's never going to happen, but I just had to say it.

[TΞΞL❍CK Mith!lesh · Rating 5 out of 5]

written by legal writing guru Bryan Garner, is a must-own for any law student or attorney who is serious about improving his or her legal writing.

That’s because Legal Writing in Plain English teaches you the nuts and bolts of crafting excellent briefs and legal memoranda by laying out a step-by-step process for organizing your ideas, creating and refining your voice, and improving your editing skills.

Legal Writing in Plain English is divided into five masterful sections: (1) principles for all legal writing; (2) principles mainly for analytical and persuasive writing; (3) principles mainly for legal drafting; (4) principles of document design; and (5) methods for continuous improvement. Garner then walks you through these five principles and methods by reviewing dozens of real-world writing samples.

In brief, Garner’s common-sense approach to legal writing will help you crystallize the skills that all great legal writers possess.

[Danna · Rating 5 out of 5]

Try to use the simplest, most straightforward way of expressing an idea.

[Zoom · Rating 4 out of 5]

The title says it all. A how-to book on translating dense, unnecessarily complex legalese into plain language.

I read this for work and it was helpful.

[Neeraj Niel · Rating 5 out of 5]

A brilliant book recommended to every lawyer, judge or legal writer, a perfect example of "don't judge a book by its cover"

[Michael I · Rating 4 out of 5]

Not only an amazing book for legal writing. It's also teaches the principles of writing anything argumentative:

- Keep the average lengths of sentences under 20 words and paragraphs under 150 words
- Keep the subject, verb, and object together towards the beginning of the sentence
- Avoid adverbs, adjectives, ion-nouns, doublets, passive voice, is/are/was/were, double negatives
- Use simple English, strong verbs, names over acronyms, headers and sub-headers, textual signposts
- Structure paragraphs with topic sentences which explicitly link to previous paragraphs
- Write a beginning, middle, and end

[Beth Brown · Rating 4 out of 5]

This book has some practical ideas and applications for learning to write well. Persuasive writing and crafting a legal argument require a certain skill set, and such a skill set is presented in memorable terms. A good read to improve essay and research writing, especially beyond the graduate level.

[Nouman S. Ghumman · Rating 5 out of 5]

A wonderful book on how to learn to write in clear English. I have already recommended this books many times to give to people. The book is very helpful in teaching you how to go from convoluted writing to easy to understand English. Highly recommended for anyone, not just lawyers.

[Katelin · Rating 4 out of 5]

read this for a class

[The Literary Jedi · Rating 3 out of 5]

Coursework textbook for spouse

[Jerry Jones · Rating 5 out of 5]

A must-read for anyone entering Law School. This book will optimize your English and ensure your success with the language.

[Alex · Rating 3 out of 5]

Another useful resource for attorneys, especially for grammar

[Jeremy · Rating 5 out of 5]

Excellently organized and written. The examples being drawn from actual legal writing was tremendously helpful. Highly recommend!

[Yusuf Hacking · Rating 5 out of 5]

Very good.

[Sani Rufai · Rating 4 out of 5]

great

[Swensen · Rating 4 out of 5]

Riveting

[Robert · Rating 5 out of 5]

The guy's friendship with the late Antonin Scalia suggests he's a fascist but he obviously knows what he's talking about.

If you're writing professionally in either law or an adjacent field you should really check this out.

[Linh · Rating 5 out of 5]

Great book to know.

I got some precious remarks. Sometimes I don't even pay attention on my legal writing presentation and expressing my idea in english.

[Mara Kartiwa]

I will not rate this book,,, I tried reading it and tried to understand it, but it was just too difficult for me,,, reading it felt like i was reading a book in a foreign language,,, i guess legal writing is just not my thing,,, =P

[Alex Roe · Rating 5 out of 5]

Excellent, though not great for lawyers who are not native speakers of English. Having said that, information in this book provides tips which can improve the structure and quality of legal writers no matter what their language, though I'd be happy to be challenged on this.

[V · Rating 5 out of 5]

A great reference book for students. I haven't used the exercises or assigned those to my students, but the other parts of the book are incredibly useful for those who aim to improve their legal writing. The explanations and the examples are clear and succinct. A great resource.

[Laura · Rating 4 out of 5]

Extremely well written, which is what one would hope from a book on writing.

[Philip Miles · Rating 5 out of 5]

This book includes practical advice that lawyers can implement immediately. (Note: I read the 2nd ed. on Kindle)

[wen · Rating 4 out of 5]

me the day i get hired in a law firm and they hand me some overly verbose legalese gibberish: bryan a. garner would spit in your eye

[Noris · Rating 5 out of 5]

Excelente guía para ser mejor escritor