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  3. Modern Legal Drafting
  • This book is no longer available to purchase from Cambridge Core
  • Cited by 20
Publisher:
Cambridge University Press
Online publication date:
June 2012
Print publication year:
2006
Online ISBN:
9781139168533
DOI:
https://doi.org/10.1017/CBO9781139168533
Subjects:
Creative Writing, Law: General Interest, Law, Film, Media, Mass Communication
Information

Book description

In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.

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Contents

Contents
References
Further Reading
Further Reading
Adler, M., Clarity for Lawyers (The Law Society of England and Wales, 1990; 2nd edn, 2006). A practical guide to clear drafting, written for practising solicitors by a practising solicitor and former chair of Clarity.
Asprey, M., Plain Language for Lawyers (3rd edn, Federation Press, 2003). The standard Australian text, combining theory with practical insights.
Child, B., Drafting Legal Documents (2nd edn, West, 1992). A student text, with many illustrations from case law and legal documents.
Dick, R., Legal Drafting in Plain Language (3rd edn, Thomson Canada, 1995). A practical guide for lawyers, written by one of Canada's best-known authors on the subject.
Dickerson, R., Fundamentals of Legal Drafting (2nd edn, Little, Brown and Co., 1986). A highly influential text, although encouraging a style which today might seem somewhat conservative.
Eagleson, R., Writing in Plain English (Australian Government Publishing Service, 1990). An excellent guide to plain writing, designed primarily for the Australian civil service but of universal application.
Garner, B., The Winning Brief (Oxford University Press, 1999). A practical discussion of 100 tips for persuasive briefs. Aimed chiefly at American advocates, but with many practical insights for lawyers generally.
Garner, B.A Dictionary of Modern Legal Usage (2nd edn, Oxford University Press, 2001). The classic American guide to legal usage, by an author with deep learning and a keen appreciation of the techniques of drafting in modern, standard English. A work of erudition and wit.
Garner, B. (ed.), Scribes Journal of Legal Writing (West Publishing). An occasional journal, with articles by leading lawyers with expertise in writing.
Good, C. E., Mightier than the Sword (Blue Jeans Press, 1989). A highly practical discussion of the principles of clear legal writing.
Kimble, J.Lifting the Fog of Legalese: Essays on Plain Language (Carolina Academic Press, 2006). A collection of essays by a leading exponent of plain language.
Law Reform Commission of Victoria, Plain English and the Law (Victorian Government Printer, 1987). An in-depth report on the use of plain language in law, which influenced the plain language movement in many parts of the world.
Macdonald, R. and Clark-Dickson, D., Clear and Precise Writing Skills for Today's Lawyer (Queensland Law Society, CLE Department, 2000). A clear discussion of legal-writing skills for the modern lawyer.
Mellinkoff, D., The Language of the Law (Little, Brown and Co., 1963). A scholarly and highly-readable history of legal language, making a classic argument for plain language.
Mellinkoff, D.Legal Writing: Sense and Nonsense (West Publishing, 1982). More of a ‘how to’ than the same author's Language of the Law.
Piesse, E., The Elements of Drafting (10th edn, Lawbook Co., 2004, ed. Aitken, J. and Butt, P.). A practical introductory work, written for students but also useful for readers seeking an overview of legal drafting principles.
Ross, M., Drafting and Negotiating Commercial Leases (4th edn, Butterworths, 1994). A thorough, clause-by-clause review of the contents of a modern commercial lease, with plain language precedents developed by the author and Richard Castle.
Wydick, R., Plain English for Lawyers (5th edn, Carolina Academic Press, 2005). A step-by-step lawyer's guide to plain writing. Began life as a highly influential law review article, later expanded into this (short) book.

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