Legal Writing in Plain English: A Text With Exercises

Too often, writers treat style manuals as if they were infallible--written on stone tablets by a divine author. Garner's book is not perfect and cannot be applied with a thoughtless rigor. As an appellate lawyer, I generally try to follow Garner's style, but sometimes it doesn't fit.

The corporate lawyer who complained about the book did not read it closely enough. Garner opposes thoughtless attachment to legalese, but he acknowledges that sometimes legal writers have to use terms of art. He also urges writers to be concise. I don't know where the corporate lawyer got the idea that Garner advocates "two pages of easily accessible prose over two sentences of conventional drafting," but it is not from this book.

Accept or reject Garner's advice as you wish, but thinking about clear writing will make you a better lawyer. Most of what Garner writes is common sense, but it's common sense legal writers often lack.


A Wonderful Guide!   September 4, 2002
26 out of 27 found this review helpful

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.


Attorneys can't write well without this book!   July 24, 2001
Hal Noelke (San Angelo, Texas United States)
19 out of 20 found this review helpful

Quit searching -- this is the best book on legal writing that you will find. It is outstanding.

I am an attorney in Texas, and I have attended two of Mr. Garner's legal-writing seminars. He is currently the leading authority on legal writing; he is also an engaging speaker. His approach is to eliminate legalese and to present a powerful and succinct message. This approach has a very practical foundation -- over the years, Mr. Garner has polled judges across the country to see which writing elements they prefer.

This volume distills Mr. Garner's findings into a compact, 227-page format. The book also contains model documents -- a research memorandum, a legal motion, an appellate brief, and a business contract -- which serve as excellent reference tools for the legal practitioner.

Put simply, if you don't subscribe to Mr. Garner's advice, you don't know how to write well. And this book is the best way yet to access to Mr. Garner's valuable insight. This book is an ESSENTIAL reference tool.


Plain English is Shorter, More Precise.   February 18, 2004
14 out of 14 found this review helpful

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.