Garner on Language and Writing
By Bryan A. Garner
American Bar Association
$59.95, 876 pages, 978-1-20191-588-0(2009)
Bryan A. Garner is the author or more than a dozen legal-linguist books, including Garner’s Modern American Usage; A Dictionary of Modern American Usage; Legal Writing in Plain English; The Elements of Legal Style; and many others. Since 1991, he has also been the editor-in-chief of Black’s Law Dictionary.
In other words, he knows his stuff.
This book is a compilation of essays covering a variety of subjects, such as the basics of learning to write, style, persuasion, grammar and lexicography. He also covers topics of specific interest to lawyers, such as contractual and legislative drafting, writing in law school, writing in law practice, and judicial writing.
The book includes a foreword by Supreme Court Justice Ruth Bader Ginsburg in which she declares that the book is a “must read” primer for her law clerks. Garner must be looked at with favor by members of the Supreme Court, he also wrote Making Your Case: The Art of Persuading Judges with Supreme Court Justice Antonin Scalia. Any interesting ABA Journal interview transcript with Garner and Justice Scalia is available here: http://tiny.cc/LhZeX.
Most lawyers, and probably all judges, agree that good writing is essential to the practice of law. But after taking that legal writing class in law school, it’s hard to put in the effort needed to write persuasively, isn’t it? After all, once you’re in practice, it’s obvious that lawyers and judges write in legalese – always have, always will. To have merit in a legal document, plain English must take a back seat to legal terminology – right?
Garner vehemently disagrees. In one of his early essays, he writes:
There are two – and only two – major skills that you need as a lawyer; people shills and writing skills. If you have them, you’re pretty well assured of success in the legal profession. Although some people who excel in people skills don’t write well, it’s all but impossible to write well of you don’t understand people. They’re your readers, after all, and you must think about them constantly when you write, Understanding readers is, in legal terms, a condition precedent to good writing.
Garner goes on to describe exactly what you can do to improve your writing and he often does so in a way seldom used by writing instructors: with humor, wit and examples from every type of legal writing imaginable. The result is that you are entertained while you learn, which makes the lessons that much more memorable.
This book covers nearly any point you might need clarification on in writing and drafting legal documents. Take the word “shall” for example, why is this word so often used in contracts? Garner argues that shall runs afoul of many basic principles of good drafting since it is capable of a variety of meanings. He gives specific examples and concludes that the word “must” is much preferred.
Garner also persuasively deals with what he describes as the “dirty dozen” list of words that should just be done away with in legal documents:
1. and/or;
2. deem;
3. herein;
4. know all men by these presents;
5. provided that;
6. pursuant to;
7. said;
8. same;
9. shall;
10. such;
11. whereas; and
12. witnesseth.
Garner also includes book reviews, interviews, and tributes to various writers, including a personal and moving tribute to Garner’s teacher and friend, Charles Alan Wright. It is a deeply moving essay and not to be missed.
Finally, there is an entire chapter on book recommendations which includes an ambitious list of a lifetime reading program consisting of a dozen books on writing and another five books on grammar, usage, and style. This is followed by a comprehensive bibliography of recommended books categorized in the following areas:
General Reference
Writing
Editing
Grammar
Usage
Logic and rhetoric
Word-loving
Linguistics
Public speaking
Law
Subscriptions
Whatever your question is about legal writing, from the very specific (like what word to use or avoid), to the more general advise of ways to be a more effective and persuasive writer, this book provides clear advice. Like the Prego spaghetti commercial, “it’s in there.”
Buy it here on Amazon.
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