This book gives the practitioner a detailed treatment of the principles and applications of effective legal drafting. New material on drafting strategy, "verbal sexism", and the use of computers for word processing of legal documents is included in the work.

This dynamic paperback text presents a highly effective, classroom-tested process for legal drafting. Prepared with this practical strategy, students will move beyond merely filling in the blanks to create the customized documents clients need, and adapt preexisting forms to new uses. Divided into two parts, the text first introduces the process approach to legal drafting before applying that approach to particular types of documents. This two-part organization easily adapts to your specific course needs and gives you great flexibility in choosing and combining chapters. The book's seven chapters cover an introduction to legal drafting, the process of legal drafting, careful writing, and drafting estate planning, contracts, pleadings, and legislation. In addition, numerous examples, illustrations, and exercises in every chapter reinforce the skills your students need to draft provisions from scratch, edit existing provisions, and create entirely new documents. Each substantive chapter concludes with a document, annotated with editorial comments that illustrates the drafting process.

The drafter has skills and knowledge not generally possessed by policy makers. The drafter is an architect.an expert...a specialist...The difference between a legal mechanic and a legal craftsman turns largely on this point. -- G. Thornton, Legislative Drafting (London, Butterworths, 1996) p.125. *** As the quotation shows, without knowledge of legislative drafting theory and principles, a legislative drafter's competence is as incomplete. This book introduces the relevant theories and principles that are necessary for promoting quality legislation in the field of legislative drafting. A "legislative drafting theory" or "legislative theory" is defined as: "the structure of a drafter's justification for a bill constitutes the operative face of a de facto legislative theory and methodology". The first and fundamental theory is the necessity for a regulatory framework for legislative drafting as a holistic platform for promoting quality legislation. Closely related is the principle of effectiveness of legislation as the paramount goal in legislative drafting. By combining these two fundamental principles, the book demonstrates how legislative drafters can improve the quality of legislation. The purpose is not to lay down any hard-and-fast rules, but to provoke thinking by introducing the reader to principles derived from legislative drafting in the dominant jurisdictions of the common law, civil law, and the European Union law. Using legislative drafting in Nigeria as a case study, the book demonstrates how application of these theories and principles are likely to prove beneficial even in the most challenging jurisdiction. Examples from Nigeria's oil and gas legislation have been chosen to illustrate the hypothesis. Oil and gas legislation have been chosen considering its transnational nature and pervasive impact on the economy. This book is a significant contribution in the field of legislative drafting, considering that it is the first book that discusses the quality of legislation and not techniques of drafting which has suffered from a paralysis of analysis in other legislative drafting texts.

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.

“This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal

Legislative Drafting Step-by-Step is a practical, step-by-step guide to drafting legislation. This "how to" book untangles the web of confusion and technical detail that surrounds legislative drafting and presents drafting in an easy-to-understand way. In so doing, legislative drafting is shown to be a fun, intellectually engaging endeavor and not an intimidating prospect to be dreaded. In short, this concise, user-friendly guide seeks to de-mystify legislative drafting. Legislative Drafting Step-by-Step includes the following: * A five-step framework for analysis to guide the drafter in converting any legislative proposal into an actual bill, resolution, or amendment. * Easy-to-learn rules to carry out each step of drafting. * More than 150 examples of draft legislative language. * 19 charts and tables illustrating the text. * 9 drafting exercises, together with the answers, to test drafting skills. * A description of the United States legislative process, as viewed by a legislative drafter. * 16 House and Senate bill, resolution, and amendment forms. Legislative Drafting Step-by-Step is designed to assist legislators, their staffs, and all who read or write legislation to better understand the basics of legislative drafting and the important role that well written legislation plays in promoting the rule of law. To this end, this guide may be used either as an essential reference tool for any office drafting legislation or as an introduction to legislative drafting for anyone seeking to learn the craft. Legislative Drafting Step-by-Step is copublished by the International Law Institute. "The people who are best at doing things are not always equally adept at explaining what they do and how they do it. That is why I am so pleased that we have Arthur Rynearson''s Legislative Drafting Step-by-Step to explain, carefully and lucidly, how bills and other legislative documents are drafted for consideration by Congress in Washington. This book should be required reading for every Representative and Senator, every congressional staffer involved in the legislative process, every lobbyist, and every lawyer and law student who is interested in public policy and how it is made. ...[A] careful reader will come to appreciate Mr. Rynearson''s enthusiasm for and pride in his chosen profession. ...What they also will come to appreciate is that there are so many serious and dedicated people like Mr. Rynearson who devote their professional lives to enabling our government to do what we want it to do." -- Dr. Stanley Bach (Amazon.com review) "Mr. Rynearson has produced a guide for the legislative drafter that is both concise and complete. It is very well organized and presents a very complicated subject as clearly and directly as possible. Throughout the book, Mr. Rynearson has included drafting problems that are perfectly conceived to test the reader''s understanding of each of the teaching points presented. And he very thoughtfully provides answers for the exercises at the end of the book. The book concludes with a series of appendices that should be very helpful to the aspiring drafter. All-in-all, Legislative Drafting Step-by-Step is a highly readable and useful introduction to the art of legislative drafting, but it would also serve well as an excellent refresher course for the experienced drafter." -- Francis L. ("Frank") Burk, Jr., Legislative Counsel of the United States Senate, 1991-1999, and currently self-employed as a legislative drafting consultant "Arthur Rynearson''s quarter century career as legislative draftsman, ultimately as Deputy Legislative Counsel of the United States Senate, enables him to draw on the experience of drafting literally thousands of legislative instruments for the US Senate. [...] There is a very detailed table of contents, a useful index and more than 50 pages of exercises (and answers!). To conclude: it has been an almost unadulterated pleasure to read this book. I heartily recommend it." -- Don Wallace, Jr., Professor of Law, Georgetown University Law Center, and Chairman, International law Institute

"Intended for pre-law and paralegal students, this second edition is a revised and refreshed version of the successful first edition of Introduction to Legal Research and Writing, with updated legal research exercises throughout. This book is designed to be the only one the student and the professor need for legal research and legal writing. It is designed to provide a clear explanation of basic information, with exercises to give the student the necessary practice in researching and writing and accompanying sample legal writing documents. The text is user friendly and readable while balancing the need for detail. Each chapter covers only a manageable amount of material for someone who has not previously studied the law. The objectives of the legal research portion of the book teach the student how to competently perform legal research in the law library and online, use correct citation form, and understand the fundamentals of legal research. The objectives of the legal writing portion of the book are to explain the fundamentals of legal analysis and writing, teach the student how to communicate clearly, and demonstrate how to eliminate mechanical errors. The appendices provide additional information that the instructor can incorporate into the class as needed. For example, Appendix B, "Locating and Citing to Cases," can be covered in conjunction with Chapter 4, and Appendix C, "Rules for Quotations and Short Form Citations," can be introduced when students are completing legal writing assignments"--