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Books
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Updated 22 May 2010
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Legal Writing
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Mark Duckworth and Arthur Spyrou (eds): Law Words: 30 essays on legal words & phrases
edited by br> published by the Centre for Plain Legal Language, Sydney, 1995.
These essays, each dealing with a particular word or phrase, were researched, written, edited, and commented on by a wide
range of people. While many of them were originally written by one person, they
were all the result of a collective effort. Those involved in this effort over the years
were: Judith Bennett, Peter Butt, Amanda Chambers, Mark Duckworth, Harry
Dunstall, Malcolm Harison, Felicity Kiernan, David Kistle, Jeremy Low, Bron
McKillop, Anne-Marie Maplesden, Kate Morgan, ChrisNorton, Julian O'Sullivan,
and Arthur Spyrou.
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Gordon Mills and Mark DuckworthThe Gains from Clarity: a research report on the effects of plain-language documents
by
published by the Centre for Plain Legal Language, Sydney, 1996.
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Other writing
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Publication details may be out of date, and are intended as an approximate guide only.
Try Amazon for books not otherwise easily accessible, bargains, and (sometimes) a preview.
Win More Cases: The Lawyer's Toolkit
by Troy Simpson;
published electronically by Research One Pty Ltd, 2008.
Justice Michael Kirby writes in his foreword: 'One of the most useful parts of this work is the section containing advice on techniques of argument before higher courts and on the use of plain language and good style in drafting documents and expressing written arguments.'
Modern Legal Drafting
by Peter Butt and Richard Castle
Cambridge University Press, 2nd edn, 2006; 272pp; A$34.99 pb
Authoritative, but still easily readable and practical. A lot shorter than The Language of the Law.
Writing at Work: How to write clearly, effectively and professionally
by Dr Neil James
Allen & Unwin, 2007
For all business writers. Peter Butt writes: It bristles with practical ideas; your letters, reports and memos will never read the same again.
Writing in Plain English
by Robert Eagleson
Australian Government Publishing Service, 1990
An excellent guide to plain writing, written primarily for the Australian civil service but of universal application.
Plain Language for Lawyers updated for new edition 22.5.10
by Michele Asprey
Federation Press, 4th edn, 2010, 352pp, $55 through, and more details from, the link 2 lines up
Plain English and the Law
by the Law Reform Commission of Victoria
Victorian Govt Printer, Melbourne, 1987
The Elements of Drafting
by Piesse
The Law Book Co Ltd, 10th edn, 2004, edited by J.K.Aitken and Peter Butt
A Practical Guide to Drafting Pleadings
by Shelley Dunstone
Law Book Company (LBC Information Services) Sydney, 1997
Drafting
by Ros Macdonald and Denise McGill
Butterworths, Sydney, 1997, 321 pp
I haven't seen this but understand it provides a general introduction to
drafting in plain English and deals specifically with (among other things) special conditions in land, conveyancing and business conveyancing contracts; deeds; options;
mortgages; guarantees; ADR clauses; and pre-nuptial agreements.
Canada
Legal and Legislative Drafting added 10.4.10
by Paul Salembier
LexisNexis, 2009; 575 pp; Can$155
Phil Knight describes this as "a wonderful contribution to the literature from a Clarity member in Canada. Chapter 11 - which represents about 20% of the book - deals with "Plain Language Drafting".
A Plain Language Handbook for Legal Writers added 10.9.08
by Christine Mowat
Carswell Thomson, 1999; 320 pp; Can$105; US$ 106;
Legal Drafting
by Robert Dick QC
Carswell, 2nd edn, 1985, $40
The Language Instinct
by Steven Pinker
Penguin Books; £8.99 (in England)
A fascinating account of how our brains cope with language,
with some useful nuggets for legal drafters (including, in a
discussion of ambiguity, five alternative meanings for "Time
flies like an arrow").
England
Tackling NHS Jargon added 14.5.10
by Sarah Carr
Radcliffe Publishing, 2002; 176 pp
The publishers say:
Used properly jargon can be effective, but used incorrectly it can damage communications, waste time and money, and harm public, patient and staff relations.
This book will enable and encourage readers to use language that the intended audience will understand. It provides practical advice based on the author's experience of producing National Health Service documents and contains explanations of common NHS jargon, with alternatives. Plain speaking and writing techniques are included, and there are numerous examples from real NHS management communications.
This is an invaluable book for Health Service managers, clinicians with management responsibilities and all those responsible for communicating information about healthcare.
Drafting Legislation:
A Modern Approach added 10.4.10
Edited by Constantin Stefanou and Helen Xanthaki
Ashgate, 2008; 320 pp; £58.50
Drafting Trusts and Will Trusts
by James Kessler QC
Sweet & Maxwell, 6th edn, 2002
Discusses drafting principles in
general as well as specific drafting points relating to trusts & wills. An earlier edition won a Clarity prize in 1996.
Modern Legal Drafting
by Peter Butt and Richard Castle
Cambridge University Press, 2nd edn, 2006; 272pp; A$34.99 pb
Authoritative, though still a lot shorter than The Language of the Law. Useful and readable.
The Complete Plain Words
by Sir Ernest Gowers
Penguin, 3rd edn, 1987
The only serious fault of this classic guide to clear expression was the exclusion of legal language from the principles it advocated.The 3rd edition continues this tradition, despite its acknowledgement of CLARITY.
Fowler's Modern English Usage
Oxford, 3rd edn, 1996; £16
Usage and Abusage
by Eric Partridge
Penguin, 5th edn, 1957
Intended to supplement Fowler, rather than compete with it.
Drafting and Negotiating Commercial Leases
by Murray Ross
Butterworths, 4th edn, 1994
A thorough, clause-by-clause review of the contents of a modern commercial lease, with plain precedents developed by the author and Richard Castle.
Clarity for Lawyers link changed 22.5.10
by Mark Adler
Law Society, 2nd edn, 2006; 200 + xxii pp; £29.95
How lawyers can write like humans, improving their lives, profits, and service, and reducing costs. Intended to be a light read, but with plenty of before-and-after examples.
The Plain English Guide link changed 22.5.10
by Martin Cutts
OUP, 1996; £4.99
How anyone can write like a human. There is a chapter on legal language but Cutts concentrates on the language of business and administration.
Lucid Law link changed 22.5.10
by Martin Cutts
Plain Language Commission, 69 Bings Road, Whaley Bridge, Stockport, Cheshire 5K12 7ND;
£10 (UK), £12 (EU), £14 (elsewhere)
Cutts' influential translation of the Timeshare Act into plain English in response to a challenge from parliamentary counsel, and his report on the project. Includes useful description of testing procedures.
Grammar & Style
by Michael Dummett
Duckworth, 1993; £8.95
The Language Instinct
by Steven Pinker
Penguin Books; £8.99
A fascinating account of how our brains cope with language, with some useful nuggets for legal drafters (including, in a discussion of ambiguity, five alternative meanings for "Time flies like an arrow").
Eats, Shoots & Leaves
by Lynne Truss
Profile Books, 2003; £9.99
Best-selling and witty polemic in favour of evolved punctuation, full of examples of the harm arising from errors.
A-Z of Non-Sexist Language
by Margaret Doyle
The Women's Press, 1995; £6.99
Not to everyone's taste, but this sometimes wilfully incorrect reviewer found some useful help in not giving the wrong impression.
The Handbook of Non-Sexist Writing
by Casey Miller and Kate Smith
The Women's Press, 3rd edn,1995; £6.99
Ditto.
USA
The Legislative Drafter's Desk Reference added 10.4.10
by Laurence Filson and Sandra Strokoff
CQ Press, 2nd edition, 2007; 512 pp
Legal, Legislative, and Rule Drafting in Plain English added 10.4.10
by Michael B. Salerno and Robert, J. Martineau
West Group, 2005
The Language of the Law
by David Mellinkoff
Still in 1st (1963) edition but since Little Brown was taken over it is available for $36.10 from Aspen Publishers Inc
7201 McKinney Circle, Frederick, Maryland 21704 (Inland freephone 1-800-234-1660)
A scholarly but readable history of legal language and a classic argument for plain drafting. Well indexed, and a valuable source for the pros and cons of many traditional phrases, with references to the litigation to which they have given rise.
Legal Writing: Sense and Nonsense
by David Mellinkoff
West Publishing, 1982
More of a "how to" manual than The Language of the Law.
Lifting the Fog of Legalese
by Joseph Kimble
Carolina Academic Press, 2006
A selection of essays written over the past 15 years. In his distinctive style Professor Kimble lays waste the proponents of legalese, offering many before-and-after examples.
The Fundamentals of Legal Drafting
by Reed Dickerson
Little, Brown & Co, 1986 (now Aspen? see note to The Language of the Law)
I am embarrassed to admit that l haven't read this classic. Dickerson was promoting plain language from the early 1940s, but was a little conservative by modern standards.
How to Write Plain English
by Rudolph Flesch
HarperCollins, 1979
I haven't read this but understand it's worth getting, if in print.
Plain English for Lawyers
by Richard Wydick
Carolina Academic Press, 5th edn, 2005;
A step-by-step lawyer's guide to plain writing, and a best-seller in the States since it was first published in 1979.
Plain Language Pleadings
by Carol Ann Wilson
Prentice Hall, 1996
Making Your Case: The Art of Persuading Judges
by Antonin Scalia and Bryan Garner, 2008;
Reviewed in the American Bar Association Journal
A Dictionary of Modem Legal Usage
by Bryan Garner
Oxford University Press, 2nd edn, 1996; $35
A legal version of Fowler emphasising the importance of plain writing. The 2nd edition is twice the size of the first. A useful guide to the nonsense of much legal language, and very browsable.
The Elements of Legal Style
by Bryan Garner
Oxford University Press, 2nd edn, 2002; $30
An invaluable companion to the DMLU, although there is some overlap.
The Winning Brief
by Bryan Garner
Oxford University Press, 2nd edn, 2004; $50
The Scribes Journal of Legal Writing (Vols 1-8)
Ed. Joseph Kimble
kimblej@cooley.edu
The entertaining journal of Scribes, an association of published legal authors. Its main goal is to promote better legal writing. For membership information, visit www.scribes.org
Writing Contracts in Plain English
Carl Felsenfield and Alan Siegel
West Publishing, 1981
On Writing Well
William Zinsser
HarperCollins, 6th ed, 2001
An inspiring style guide for non-fiction.
Drafting Legal Documents
by Barbara Child
West, 2nd edn, 1992
An excellent teaching book.
Clear & Effective Legal Writing
by Veda Charrow and Myra Erhardt
Little, Brown & Co, 1986; £15 UK
A useful guide addressed primarily to American litigators.
The Elements of Style
by Strunk & White
Macmillan, 4th edn; $7.95
A pocket-sized classic guide to (general, not legal) style.
Legal Language
by Peter Tiersma
University of Chicago Press, 1999
An unusual and refreshing angle on plain language from a professor of law whose first degree was in linguistics.
The Legal Writer: 40 Rules for the Art of Legal Writing
by Judge Mark Painter
Cincinnati Book Publishing, 4th edn, 2009; $28.95 New edition announced 21 September 2009
Legal Usage in Drafting Corporate Agreements
by Kenneth Adams
Quorum Books, 2001; $99.95
A Manual of Style for Contract Drafting
by Kenneth Adams
ABA Press, 2004; $44.95
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