Legal Writing in Plain English
A Text with Exercises
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.
Part One: Principles for All Legal Writing
Framing Your Thoughts
1. 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 Sentences
5. 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 Words
12. 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 Writing
21. 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 moving citations into footnotes.
29. Weave quotations deftly into your narrative.
30. Be forthright in dealing with counterarguments.
Part Three: Principles Mainly for Legal Drafting
31. 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 Design
41. 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 Improvement
46. 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 Punctuate
Appendix B: Four Model Documents
1. Research Memorandum
3. Appellate Brief
Key to Basic Exercises