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This book gives the practitioner a detailed treatment of the principles and applications of effective legal drafting. New material on drafting strategy, "verbal sexism", and the use of computers for word processing of legal documents is included in the work.
A comprehensive guide to writing and drafting from the first stage of preparation to the final edit. Features checklists, worked examples and chapters on using email, and designed to accompany readers from vocational study through to their qualification as solicitors as well as throughout the early years of practice.
BASIC LEGAL DRAFTING offers down-to-earth instruction on how to draft well-organized and clearly articulated legal documents. 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. 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 contracts chapter includes an extensive discussion, with examples, on how to create for any contract a logical, coherent framework that underlines the drafter's (and presumably the client's) intentions. 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 principles of form, style, directness, brevity essential to good drafting.
This dynamic paperback text presents a highly effective, classroom-tested process for legal drafting. Prepared with this practical strategy, students will move beyond merely filling in the blanks to create the customized documents clients need, and adapt preexisting forms to new uses. Divided into two parts, the text first introduces the process approach to legal drafting before applying that approach to particular types of documents. This two-part organization easily adapts to your specific course needs and gives you great flexibility in choosing and combining chapters. The book's seven chapters cover an introduction to legal drafting, the process of legal drafting, careful writing, and drafting estate planning, contracts, pleadings, and legislation. In addition, numerous examples, illustrations, and exercises in every chapter reinforce the skills your students need to draft provisions from scratch, edit existing provisions, and create entirely new documents. Each substantive chapter concludes with a document, annotated with editorial comments that illustrates the drafting process.
This popular paralegal-specific text introduces the skills of reading and analyzing court opinions. It focuses on briefing cases and applying case law in legal memoranda and advocacy letters. This is a major revision with new cases and expanded writing chapters. ALSO AVAILABLE INSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDER Instructors Manual, ISBN: 0-314-46555-3
Legislative Drafting Step-by-Step is a practical, step-by-step guide to drafting legislation. This "how to" book untangles the web of confusion and technical detail that surrounds legislative drafting and presents drafting in an easy-to-understand way. In so doing, legislative drafting is shown to be a fun, intellectually engaging endeavor and not an intimidating prospect to be dreaded. In short, this concise, user-friendly guide seeks to de-mystify legislative drafting. Legislative Drafting Step-by-Step includes the following: * A five-step framework for analysis to guide the drafter in converting any legislative proposal into an actual bill, resolution, or amendment. * Easy-to-learn rules to carry out each step of drafting. * More than 150 examples of draft legislative language. * 19 charts and tables illustrating the text. * 9 drafting exercises, together with the answers, to test drafting skills. * A description of the United States legislative process, as viewed by a legislative drafter. * 16 House and Senate bill, resolution, and amendment forms. Legislative Drafting Step-by-Step is designed to assist legislators, their staffs, and all who read or write legislation to better understand the basics of legislative drafting and the important role that well written legislation plays in promoting the rule of law. To this end, this guide may be used either as an essential reference tool for any office drafting legislation or as an introduction to legislative drafting for anyone seeking to learn the craft. Legislative Drafting Step-by-Step is copublished by the International Law Institute. "The people who are best at doing things are not always equally adept at explaining what they do and how they do it. That is why I am so pleased that we have Arthur Rynearson''s Legislative Drafting Step-by-Step to explain, carefully and lucidly, how bills and other legislative documents are drafted for consideration by Congress in Washington. This book should be required reading for every Representative and Senator, every congressional staffer involved in the legislative process, every lobbyist, and every lawyer and law student who is interested in public policy and how it is made. ...[A] careful reader will come to appreciate Mr. Rynearson''s enthusiasm for and pride in his chosen profession. ...What they also will come to appreciate is that there are so many serious and dedicated people like Mr. Rynearson who devote their professional lives to enabling our government to do what we want it to do." -- Dr. Stanley Bach (Amazon.com review) "Mr. Rynearson has produced a guide for the legislative drafter that is both concise and complete. It is very well organized and presents a very complicated subject as clearly and directly as possible. Throughout the book, Mr. Rynearson has included drafting problems that are perfectly conceived to test the reader''s understanding of each of the teaching points presented. And he very thoughtfully provides answers for the exercises at the end of the book. The book concludes with a series of appendices that should be very helpful to the aspiring drafter. All-in-all, Legislative Drafting Step-by-Step is a highly readable and useful introduction to the art of legislative drafting, but it would also serve well as an excellent refresher course for the experienced drafter." -- Francis L. ("Frank") Burk, Jr., Legislative Counsel of the United States Senate, 1991-1999, and currently self-employed as a legislative drafting consultant "Arthur Rynearson''s quarter century career as legislative draftsman, ultimately as Deputy Legislative Counsel of the United States Senate, enables him to draw on the experience of drafting literally thousands of legislative instruments for the US Senate. [...] There is a very detailed table of contents, a useful index and more than 50 pages of exercises (and answers!). To conclude: it has been an almost unadulterated pleasure to read this book. I heartily recommend it." -- Don Wallace, Jr., Professor of Law, Georgetown University Law Center, and Chairman, International law Institute