Now the leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly.
He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. Wydick s Plain English for Lawyers--now in its fifth edition--has been a favorite of law students, legal writing teachers, lawyers, and judges for over 25 years. The Legal Writing Institute is a non-profit organization that provides a forum for discussion and scholarship about legal writing, analysis, and research.
Its membership also includes law teachers from other nations, English teachers, and practicing lawyers. Perhaps no single work has done more to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing.
But he still teaches his favorite course -- a seminar in advanced legal writing for third-year law students. There the audience consists of lawyers and non-lawyers from abroad who earn their living drafting legislation in many different languages. It remains in size only! Finally, the teacher's manual includes additional exercises that teachers can give to students who want or need extra practice. Martineau, Jr. It is now more important than ever for those who draft statutes and rules to be able to make them as readable and understandable as possible.
The book begins with a history of the Plain English movement.
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The text describes the process by which rules and statutes are drafted and passed at the federal, state and local level. There are chapters on rules governing the structure of a bill or regulation. The authors then present specific rules of good drafting, with a variety of examples. The Manual then contains the authors' approach to improving each example.
Good governance, that is, effective government based on non-arbitrary decision-making, is central to a country's successful development or transition to a market-oriented economy. This Manual aims to equip legislative drafters with the conceptual tools and specific techniques they need to draft laws likely to bring about the institutional transformation necessary for good governance. Designed as a practical aid for practitioners in the developing and transitional worlds, this unique work demonstrates how, within constitutional and other limits, a drafter should structure a bill, provides instruction in drafting amendments and subordinate legislation, and describes the skills required to write the clear, unambiguous and readily-interpreted provisions required to achieve a bill's policy objectives.
It provides a model for a research report that, based on facts and logic, will justify the bill's detailed provisions and demonstrate that the responsible agency will implement them effectively.
Legal Writing: Process, Analysis, and Organization / Edition 7
The final section focuses on drafting laws to facilitate government decision-making in accordance with the rule of law. In particular, it suggests devices for drafting defensively against corruption, thus providing the legislative environment essential for successful transition and development. A culmination of twenty-five years of teaching in the highly regarded Legal Drafting Program at the University of Florida College of Law, the book is designed to be used as a resource for law students and practicing attorneys, as well as a textbook for drafting classes.
The text is particularly strong in its discussions of how to organize a document, often the most difficult task facing a drafter and typically under-addressed in other drafting manuals. Equally useful are the very concrete recommendations on how to articulate the language of a document in order to achieve clarity and precision.
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The text helpfully distinguishes traditional drafting principles from common conventions and stylistic preferences. The litigation chapter addresses complaints, answers and motions.
Useful examples range from a simple negligence complaint to a complex statutory-based multi-count complaint and appropriate responses. The chapter addresses in detail the articulation of particular provisions, including definitions, termination and exculpatory provisions. Its comprehensive discussion of how to recognize and avoid various types of ambiguity will prove useful beyond the contract drafting context. The legislation chapter identifies common legislative protocols and applies, within those protocols, many of the organization and articulation principles set out in the contracts chapter.
While the text uses litigation documents, contracts and legislation as the bases for its discussions, Basic Legal Drafting offers practical, realistic advice and instructions that will be useful to the drafter of any type of legal document. The organization of this text is both realistic and helpful to student and teacher.
Part One focuses on pleadings and motions, where concept is primary and expression secondary. Part Two covers letters, memos, trial and appellate briefs, and judicial opinions, which require clarity and perseverance as well as creativity. Part Three covers contracts, legislation, and wills, where conceptualization is inextricable from clear and precise expression. Pickup not available. Add to List. Add to Registry. About This Item We aim to show you accurate product information. Manufacturers, suppliers and others provide what you see here, and we have not verified it.
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