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Title: Legal Writing in Plain English: A Text With Exercises by Bryan A. Garner ISBN: 0-226-28418-2 Publisher: University of Chicago Press (Trd) Pub. Date: March, 2001 Format: Paperback Volumes: 1 List Price(USD): $16.00 |
Average Customer Rating: 4.64 (11 reviews)
Rating: 5
Summary: It's superb.
Comment: Yikes! There is no longer anywhere to hide, and there are no more excuses. This book shows you how to drop the jargon, the gobbledygook, the archaisms, and the fluff. So your writing is exposed. Now you must think--and write--clearly, and Legal Writing in Plain English will help. Lawyers and law students have needed this book for a long time. It's superb. (From back cover.)
Rating: 5
Summary: A Wonderful Guide!
Comment: I strongly agree with five of the six amazon.com reviews, which are highly favorable and award five stars. This book is beautifully written, well organized, and eminently sound. Garner tackles the difficult job of convincing staid, inflexible lawyers to abandon the age-old practice of using incomprehensible legalese and thus ensuring that their contracts will have to be translated for those whose lives are affected by them and later interpreted in costly litigation.
Most prestigious lawyers, law firms, and judges strongly favor Garner's plain-language approach to drafting. For example, the late Charles Alan Wright, a brilliant Supreme Court lawyer and noted author, called Garner "the world's leading authority on the language of the law." And the Texas Supreme Court enlisted Garner's aid in redrafting the Texas Rules of Appellate Procedure. So it's hard to believe that judges would generally prefer "conventional drafting" over the clear, accessible language that Garner advocates.
The five five-star reviews of the book on this website came from a law professor, a practicing lawyer, a book reviewer, and two others who appear to be nonlawyers. I wondered if the anonymous New York corporate lawyer who gave the book a meager one star knew something that everyone else didn't. So I checked for reviews from highly respected sources. And I found that Harvard Law Review, the Law Library Journal, and Trial have all published very favorable reviews of this book.
The plain-language drafting recommended in this book is widely viewed as beneficial, not only by nonlawyers, but also by highly skilled lawyers who seek to avoid ambiguity and litigation and who strive to improve the tarnished image of lawyers generally. I believe that Garner's approach would be condemned only by a few rich corporate lawyers who thrive by making themselves indispensable in drafting, translating, and later litigating the long, dense form contracts that they produce.
Rating: 5
Summary: Plain English is Shorter, More Precise.
Comment: The problem with the 1-star review is that it has the problem completely reversed. The reviewer suggests that traditional legal drafting is *shorter* than the plain english drafting that Garner proposes. He need only read Garner's books to learn that traditional drafting is *significantly* longer and more difficult to read than plain English.
Furthermore, the reviewer needs to realize that Garner is not advocating that all legal writing be poetry. First and foremost, he advocates for clarity and precision. If the writer can also make it interesting to read (or even a joy to read), then more power to the writer.
If you're a lawyer and hate seeing "WHEREAS" before each recital and prefer a simple sentence, Garner is the man for you.
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