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In its Fourth Edition, Clear and Effective Legal Writing continues to give students a classic introduction to legal analysis and legal writing. Concise and accessible, the text focuses on memo and brief writing while reinforcing key writing skills. This proven teaching tool provides the student with excellent examples and numerous skill-honing exercises. Offering comprehensive coverage from case synthesis and case briefing to preparing Supreme Court briefs, this text: starts with an overview of legal analysis, and then walks students through the writing process: understanding context, organizing effectively, writing clearly and effectively, and reviewing and editing describes differences between legal language and ordinary discourse, and the linguistic theory underlying the origins of legal language seamlessly combines legal reasoning with legal writing and helps the student understand the relationship between the two provides straightforward rules for writing effective legal documents, with scores of examples of the good, the bad, and the humorous includes numerous exercises throughout the book to help students reinforce their skills dissects and annotates actual trial court memoranda and Supreme Court briefs highlighting the strengths and weaknesses of each example provides an insightful interview with the Clerk of the Supreme Court of the United States on what the Court expects to see in brief and the assistance that his office provides to all litigants appearing before the Court shows how to transform a memorandum into an advocacy document provides guidance for writing well in an appendix with overview of English sentence structure New to the Fourth Edition: updated examples throughout an updated legal process portion taking into account changes in law and updating examples a new set of Supreme Court briefs with annotations additional material addressing how the Internet is affecting court filings and formatting
With examples drawn from legal writing and student papers, this guide walks students through the writing process and helps them refine their skills in exercises throughout the book. The Second Edition features a reorganized Part I, including three new chapters that help students gain proficiency in reading and analyzing legal materials so they can write more effectively. Part II includes a systematic approach to legal writing; understanding your context; getting organized; writing clearly; writing effectively; and reviewing and editing. Part III covers the process of writing a legal memorandum and an appellate court brief. This Second Edition includes two examples of memoranda, An interoffice memo and a memo of points and authority; a streamlined appendix that provides an overview of English sentence structure; and many enhanced writing exercises.
“This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. 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. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. 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. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal
"A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law
First published in 2003, Writing for the Legal Audience guides lawyers, paralegals, and law students through sensible, practical advice for writing to a dozen legal audiences, from supervisors to appellate judges and from clients to opposing counsel. Each chapter focuses on a different audience for legal writing and presents three concrete recommendations for satisfying that audience. The recommendations are amply supported with explanations, references to the leading experts, and numerous before-and-after examples. The second edition is thoroughly revised, with new tips, new examples, and up-to-date advice for producing clear, readable, effective legal writing. In addition, Schiess has added a new chapter, "Writing for the Screen Reader," that offers advice for preparing legal documents aimed at readers who will encounter the text electronically on a computer, tablet, or handheld device.
The second edition of Legal Writing by Design remains unique in demonstrating how to transform thoughts into writing by explaining the link between thinking and writing. It doesn't just tell the reader to "argue by analogy" or to "apply the rule" -- it explains the design of the thinking involved in those processes and shows how to transform that design into writing. Through easily understandable hypotheticals, outlines, graphics, exercises, and writing samples, many garnered during the authors' combined forty-plus years of teaching legal writing and appellate advocacy to law students, Legal Writing by Design comprehensively demonstrates how to transform ideas into exceptional writing. It demystifies the writing process by explaining the design of (1) deductive and inductive reasoning, (2) analogical thinking, and (3) relevancy. Once that design is understood, writing becomes easy. Writing with liberal doses of humor, the authors provide clearly readable charts, examples, and templates throughout this second edition. All chapters include a chapter review, and many also provide writing prompts. In addition to chapters explaining the fundamentals of writing legal memos and briefs, Legal Writing by Design contains sections on (1) clear and effective writing; (2) the appellate process, including an easily understandable explanation of standards of review; (3) oral argument techniques and practice; (4) the writing and editing process; (5) case briefing; and (6) professionalism in the practice of law. Exercises corresponding to the principles explained are included throughout most chapters, with answers provided in a separate Teacher's Manual. Successfully used for over ten years by thousands of law school students, Legal Writing by Design is the perfect tool for anyone -- attorneys, legal assistants, pro se litigants, undergraduate students, or the public -- who seeks the ideal way to analyze issues, to write clearly, and to write persuasively.
In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
"Like the popular earlier editions, the fourth edition of A Lawyer Writes puts the reader in the place of a first-year attorney faced with real-life assignments. In doing so, it teaches law students not only how to succeed in law school, but also how to succeed in the practice of law. Using graphics and visual samples that demonstrate both effective and ineffective analytical techniques, this updated edition illustrates best practices for objective legal analysis and provides an overview of the transition from objective to persuasive writing. The content and examples in the fourth edition have been supplemented, updated, and reorganized to provide an easy-to-use, step-by-step approach for learning legal analysis and objective writing. A Lawyer Writes aims to provide clear and concrete instruction about each facet of legal analysis, using the same order students will follow when performing the tasks in legal practice. The textbook also provides the relevant theory and background behind the choices attorneys make in their legal writing, enabling students to transfer those techniques to future settings. Speaking to its readers in a straightforward manner, A Lawyer Writes communicates essential skills and theories students can use throughout a lifetime of legal practice"--