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| Choosing a Legal
Writing Desk Reference Two excellent style guides for legal writing are currently on the market. Both provide extensive information on writing mechanics, organization, and document design. The Redbook: A Manual on Legal Style, by Bryan A. Garner (West Group 2002), is set up in the form of a rule book. The first 13 sections present essentially a list of writing dos and don’ts, with explanations and examples following each rule. The rules address a comprehensive list of writing issues relevant to a legal writer: punctuation, capitalization, use of italics/boldface/underline, document design, numbers, typographic symbols, spelling, citations, footnotes, grammar, legalese, troublesome words, and editing. The rules vary in breadth and complexity. For instance, “Rule” 4.19 is “Avoid awkward page breaks,” and the rule is followed by two simple explanations about keeping headings on a page with at least two lines of text and keeping “widow” and “orphan” lines together. On the other hand, “Rule” 12.2, “Use words correctly and precisely,” is followed by a three-paragraph explanation and a 63-page alphabetical list of troublesome words and how to use them properly. Sections 14 through 20 are devoted to specific types of legal documents, from contracts and opinion letters to appellate briefs and research memos. Each chapter focuses on a particular kind of document and discusses the goals and common faults of that kind of document, suggests ways to find effective models, and provides an example document. While these sections might be most useful to a novice legal writer, writers wanting to improve the style of all their legal documents will particularly benefit from the “common faults” discussions. Finally, the book contains both a word index and a general index, allowing users to quickly locate information on a particular writing point. The layout of The Redbook is easy to follow. The book contains no graphics, sidebars, or other extras that might distract some readers from the straightforward text. It’s an excellent comprehensive reference for writers who want quick, lucid answers to their writing questions. The Aspen Handbook for Legal Writers: A Practical Reference, by Deborah C. Bouchoux (Aspen Publ. 2005), is another excellent desk reference for legal writing. The book is divided into four sections: mechanics, effective writing and organization, legal documents and conventions, and post-writing steps and document design. Because it includes many extra features to supplement the basic writing points, and these are highlighted in sidebars and color-enhanced boxes, this book may appeal more to graphics-oriented readers and to readers who want more than the basic rules and explanations. Like The Redbook, the Aspen Handbook provides comprehensive information on most legal writing issues, and the information is easily accessible through an index. Although it contains lists of rules where appropriate, the Aspen Handbook is not formatted as a rule book. Rather, each chapter focuses on a broad topic, like grammar, and breaks that topic down into discussions of subtopics and sub-subtopics. For instance, Chapter 4, “Features of Effective Legal Writing,” is broken down into the subtopics “Introduction,” “The Plain English Movement,” “Accuracy,” “Clarity,” and “Readability.” Most of the subtopics are also divided into smaller units. Thus, “Clarity” is broken down into “Elegant Variation,” “Negatives,” and “Word Order.” Elaboration on a topic or subtopic may include several kinds of information: rules and examples for the topic if appropriate; “Tip” boxes that contain advice about how to remember or apply particular writing points; sidebars that contain illustrations from actual writing or lists of problem words and phrases; and “Challenge” boxes so you can test your understanding with a short quiz (answers are in an appendix). Numerous “Stylelinks” boxes, which refer readers to Web sites for more information on particular topics, are also scattered throughout the book. Finally, topics like English as a second language and the ethical implications of certain writing issues supplement the basic grammar and mechanics information, making the book more than just a rule book. While the Aspen Handbook presents an abundance of useful information relevant to legal writing, writers who just want to know the rule and how to apply it may find the “extras” distracting and the layout somewhat overwhelming. Accordingly, writers who favor a simpler organization and document design may prefer The Redbook. On the other hand, writers who prefer a more inclusive, “lesson-oriented” approach may prefer the Aspen Handbook. With either book, legal writers seeking to improve their writing skills could try reading a rule (or topic/subtopic) a day, both to learn or relearn the substantive material and to become familiar with what the books have to offer. A published desk reference within handy reach is an invaluable tool. But if a writing question arises and you haven’t yet acquired a desk reference, you can try finding an answer on a legal writing or general writing Web site. For instance, the Government Printing Office Web site makes available online the GPO Style Manual, which is a widely used English usage manual. (See http://www.gpoaccess.gov/stylemanual/index.html). Purdue University and the University of North Carolina offer comprehensive general writing advice in online writing labs, as do many other universities. (See e.g. http://owl.english.purdue.edu/ and http://www.unc.edu/depts/wcweb/). Other sites can be located through a Google search or by consulting the Aspen Handbook, which details what sites are useful for what types of information. Fine-tuning your writing takes time and effort. But the payoff is worth it: technically correct, readable documents that
your readers can understand effortlessly.
Even if you don’t enjoy reading books about writing, keeping
a legal writing desk reference handy for occasional use can help you
more quickly and easily achieve your writing goals. c |
