Category Archives: Sources

Some good news for Texas Law’s Wayne Schiess

According to a recent law-review article, the list below shows the most popular legal-writing advice books from 1998 to 2018 based on holdings in the WorldCat.org global catalog of library materials (excluding textbooks and reference manuals). More information below the table.

Source: Alexa Chew, The Fraternity of Legal Style, 20 Leg. Comm. & Rhetoric: JALWD 39, 46-47 (2023).

Figure 1.1 | Legal writing books included in this study, listed by popularity

WorldCat Holdings Author(s) Title
986 Antonin Scalia &
Bryan A. Garner
Making Your Case: The Art of Persuading Judges
965 Bryan A. Garner Legal Writing in Plain English: A Text with Exercises
924 Bryan A. Garner The Elements of Legal Style
797 Bryan A. Garner The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts
755 Richard C. Wydick Plain English for Lawyers
538 Ross Guberman Point Made: How to Write Like the Nation’s Top Advocates
446 Tom Goldstein &
Jethro K. Lieberman
The Lawyer’s Guide to Writing Well
413 Stephen V. Armstrong & Timothy P. Terrell Thinking Like a Writer: A Lawyer’s Guide to Effective Writing and Editing
240 Lynn Bahrych, Jeanne Merino & Beth McLellan Legal Writing & Analysis in a Nutshell
238 Steven D. Stark Writing to Win: The Legal Writer
232 Wayne Schiess Preparing Legal Documents Nonlawyers Can Read and Understand
230 Sandra Oster Writing Shorter Legal Documents: Strategies for Faster and Better Editing
227 Lenné Eidson Espenschied The Grammar and Writing Handbook for Lawyers
223 Marie P. Buckley The Lawyer’s Essential Guide to Writing: Proven Tools and Techniques
211 Jane N. Richmond Legal Writing: Form and Function
205 Judith D. Fischer Pleasing the Court: Writing Ethical and Effective Briefs
196 Wayne Schiess Writing for the Legal Audience
175 Jayne Kracker ABA Basic Guide to Punctuation, Grammar, Workplace Productivity, and Time Management
173 Austen L. Parrish &
Dennis T. Yokoyama
Effective Lawyering: A Checklist Approach to Legal Writing and Oral Argument

Prof Chew’s article proves that in legal-writing advice books (which she calls “legal style books”) the sources cited and the examples given are mostly produced by men. In proving this claim, she created a list of the most popular legal-writing advice books for the period of 1998 to 2018. (She excluded legal-writing textbooks and legal-writing reference manuals.)

Ultimately, she produced a list of the most popular books for that period and then assessed the sources and examples in those books … and I was flabbergasted to see that I had two books on the list! Bryan Garner has four–hardly surprising–but I’m the only other person with more than one. Wow!

New book: Plain Legal Writing: Do It

I’m pleased to announce the publication of my latest book: Plain Legal Writing: Do It

 

Sometimes, lawyers write for other lawyers: supervisors, judges, opposing counsel, and more. But sometimes lawyers write documents they know must be read and understood by those without legal training. These are documents such as advice letters, home mortgages, credit-card agreements, divorce decrees, liability waivers. If you write legal content for nonlawyers, this book is for you. It shows you, step by step, how to produce plain-English documents, and it’s particularly useful if you’re working from a form or template written in traditional legalese.

And this one:

The Science Behind the Art of Legal Writing

I highly recommend The Science Behind the Art of Legal Writing, an excellent book by Catherine J. Cameron and Lance N. Long, which just came out in a second edition. They’ve taken some truisms and common teaching  points from legal writing and done the research to see if those truisms and teaching points can be validated with science. For example—

  • Does format matter?
  • Why is passive voice so hated?
  • Citation—does anybody really care?

They also address—

  • macro- and micro-organization
  • the use of narrative
  • readability and plain language
  • what persuades and what doesn’t

It’s easy to read and full of good advice.

New book on legal writing

I just finished reading Sketches on Legal Style by Mark Cooney, and I loved it. Lots of practical advice in a readable, engaging book. I recommend it.

COONEY-SKETCHES

From the publisher’s website:

Who says legal writing is a dull subject? This collection of lively, offbeat short pieces explores legal style like no book you’ve read before. But be warned: you just might learn something while you’re smiling. Through a colorful cast of characters, learn how legal writers can use plain language and careful syntax to produce clearer, stronger, and more persuasive documents.

Will legalese devotee Ebenezer Scribe change his ways after receiving visits from four clarity-minded ghosts?

Will Colonel Ketchup’s passive-voice phrasing obscure whodunit?

Will Editor Man defeat his most formidable foe yet: a dense block of statutory text containing, among other things, a 142-word sentence?

And much more . . .