Recommended reading

 

Plain language reading

Publication details may be out of date, and are intended as an approximate guide only.

 

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Downloadable books

The Gains from Clarity: a research report on the effects of plain-language documents

by Gordon Mills and Mark Duckworth, published by the Centre for Plain Legal Language, Sydney, 1996.

Law Words: 30 essays on legal words & phrases

edited by Mark Duckworth and Arthur Spyrou, published by the Centre for Plain Legal Language, Sydney, 1995.

These essays, each dealing with a particular word or phrase, were researched, written, edited, and commented on by a wide range of people. While many of them were originally written by one person, they were all the result of a collective effort. Those involved in this effort over the years were: Judith Bennett, Peter Butt, Amanda Chambers, Mark Duckworth, Harry Dunstall, Malcolm Harison, Felicity Kiernan, David Kistle, Jeremy Low, Bron McKillop, Anne-Marie Maplesden, Kate Morgan, ChrisNorton, Julian O'Sullivan, and Arthur Spyrou.

Other books

 

Australia

Win More Cases: The Lawyer's Toolkit

published electronically by Research One Pty Ltd, 2008 ; A$149 (A$99 until 31 May 2008).

Justice Michael Kirby writes in his foreword: 'One of the most useful parts of this work is the section containing advice on techniques of argument before higher courts and on the use of plain language and good style in drafting documents and expressing written arguments.'

Modern Legal Drafting

by Peter Butt and Richard Castle, Cambridge University Press, 2nd edn, 2006; 272pp; A$34.99 pb

More scholarly than Adler, Asprey, or Wydick, but still easily readable and practical. A lot shorter than The Language of the Law.

Writing at Work: How to write clearly, effectively and professionally

by Dr Neil James, Allen & Unwin, 2007

For all business writers. Peter Butt writes: It bristles with practical ideas; your letters, reports and memos will never read the same again.

Writing in Plain English

by Robert Eagleson, Australian Government Publishing Service, 1990

An excellent guide to plain writing, written primarily for the Australian civil service but of universal application.

Plain Language for Lawyers

by Michele Asprey, Federation Press, 4th edn, 2010

Plain Language for Lawyers has been in print for more than 18 years and it has established itself in Australia and overseas as a comprehensive, entertaining and enormously useful text. It includes international references, contains practical advice, and can be read and enjoyed by anyone who is interested in plain language in the law.

Plain English and the Law

by the Law Reform Commission of Victoria, Victorian Govt Printer, Melbourne, 1987

The Elements of Drafting

by Piesse, The Law Book Co Ltd, 10th edn, 2004, edited by J.K.Aitken and Peter Butt

A Practical Guide to Drafting Pleadings

by Shelley Dunstone, Law Book Company (LBC Information Services) Sydney, 1997

Drafting

by Ros Macdonald and Denise McGill, Butterworths, Sydney, 1997, 321 pp

A clear practical guide to legal drafting.

 

Canada

A Plain Language Handbook for Legal Writers

by Christine Mowat, Carswell Thomson, 1999; 320 pp; Can$105; US$ 106;

Plain Language in Plain English

by Cheryl Stephens, 2010, Language English, 208 pages, Price $48.50

A book with 18 international contributors, led by Cheryl Stephens and her 20 years of experience, clearly explains the fundamental elements of plain language and its benefits for everyone inside and outside the workplace. ISBN 978-0-557-53787-7

Legal Drafting

by Robert Dick QC, Carswell, 2nd edn, 1985, $40

The Language Instinct

by Steven Pinker, Penguin Books; £8.99 (in England)

 

A fascinating account of how our brains cope with language, with some useful nuggets for legal drafters (including, in a discussion of ambiguity, five alternative meanings for "Time flies like an arrow").

Plain Language Legal Writing (paperback)

by Cheryl Stephens, 2009, Language English, 152 pages,

Price $28.50

A complete guide to clean, precise and understandable legal writing. Plain Language Legal Writing will help you produce documents that people are willing to read and able to understand. (ISBN 978-0-557-01450-7)

Plain Language Legal Writing

Downloadable pdf

Price $12.75

Kindle Edition $9.95 ID: B002BWPCW6

 

England

Drafting Trusts and Will Trusts

by James Kessler QC, Sweet & Maxwell, 6th edn, 2002

 

Discusses drafting principles in general as well as specific drafting points relating to trusts & wills. An earlier edition won a Clarity prize in 1996.

Modern Legal Drafting

by Peter Butt and Richard Castle, Cambridge University Press, 2nd edn, 2007; 272pp; A$34.99 pb

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.

The Complete Plain Words

by Sir Ernest Gowers, Penguin, 3rd edn, 1987

 

The only serious fault of this classic guide to clear expression was the exclusion of legal language from the principles it advocated. The 3rd edition continues this tradition, despite its acknowledgement of Clarity.

Fowler's Modern English Usage

Oxford, 3rd edn, 1996; £16

Usage and Abusage

by Eric Partridge, Penguin, 5th edn, 1957

 

Intended to supplement Fowler, rather than compete with it.

Drafting and Negotiating Commercial Leases

by Murray Ross, Butterworths, 4th edn, 1994

 

A thorough, clause-by-clause review of the contents of a modern commercial lease, with plain precedents developed by the author and Richard Castle.

Clarity for Lawyers

by Mark Adler, Law Society, 2nd edn, 2006; 200 + xxii pp; £29.95

 

How lawyers can write like humans, improving their lives, profits, and service, and reducing costs. Intended to be a light read, but with plenty of before-and-after examples.

The Oxford Guide to Plain English

by Martin Cutts OUP, 2009 (3rd edn); £74.99

 

A chapter on legal language but Cutts concentrates on the language of business and administration.

Lucid Law

by Martin Cutts Plain Language Commission, 29 Stoneheads, Whaley Bridge, High Peak SK23 7BB; £10 (UK), £12 (EU), £14 (elsewhere)

 

Cutts' influential translation of the UK Timeshare Act into plain English in response to a challenge from parliamentary counsel, and his report on the project. Includes useful description of testing procedures. On free download from Plain Language Commission, as are similar booklets on European law and regulations.

Grammar & Style

by Michael Dummett, Duckworth, 1993; £8.95

The Language Instinct

by Steven Pinker, Penguin Books; £8.99

 

A fascinating account of how our brains cope with language, with some useful nuggets for legal drafters (including, in a discussion of ambiguity, five alternative meanings for "Time flies like an arrow").

Eats, Shoots & Leaves

by Lynne Truss, Profile Books, 2003; £9.99

 

Best-selling and witty polemic in favour of evolved punctuation, full of examples of the harm arising from errors.

A-Z of Non-Sexist Language

by Margaret Doyle, The Women's Press, 1995; £6.99

 

Not to everyone's taste, but this sometimes wilfully incorrect reviewer found some useful help in not giving the wrong impression.

The Handbook of Non-Sexist Writing

by Casey Miller and Kate Smith, The Women's Press, 3rd edn,1995; £6.99

 

Ditto.

USA

The Language of the Law

by David Mellinkoff, Still in 1st (1963) edition but since Little Brown was taken over it is available for $36.10 from Aspen Publishers Inc

7201 McKinney Circle, Frederick, Maryland 21704 (Inland freephone 1-800-234-1660)

 

A scholarly but readable history of legal language and a classic argument for plain drafting. Well indexed, and a valuable source for the pros and cons of many traditional phrases, with references to the litigation to which they have given rise.

Legal Writing: Sense and Nonsense

by David Mellinkoff, West Publishing, 1982

 

More of a "how to" manual than The Language of the Law.

Lifting the Fog of Legalese

by Joseph Kimble, Carolina Academic Press, 2006

 

A selection of essays written over the past 15 years. In his distinctive style Professor Kimble lays waste the proponents of legalese, offering many before-and-after examples.

Writing for Dollars, Writing to Please - The Case for Plain Language in Business, Government, and Law

by Joseph Kimble, Carolina Academic Press. 2012

 

The book we have bee waiting for. It collects the empirical evidence for the value of plain language in business, government, and law. Joe Kimble summarizes 50 studies showing that using plain language can save organizations and agencies a ton of money and that plain language serves and satisfies readers in every possible way.

The Fundamentals of Legal Drafting

by Reed Dickerson, Little, Brown & Co, 1986 (now Aspen? see note to The Language of the Law)

How to Write Plain English

by Rudolph Flesch, HarperCollins, 1979

Plain English for Lawyers

by Richard Wydick, Carolina Academic Press, 4th edn; $15

 

A step-by-step lawyer's guide to plain writing, and a best-seller in the States since it was first published in 1979.

Plain Language Pleadings

by Carol Ann Wilson, Prentice Hall, 1996

Making Your Case: The Art of Persuading Judges

by Antonin Scalia and Bryan Garner, 2008;

 

Reviewed in the American Bar Association Journal

Garner's Dictionary of Legal Usage

by Bryan Garner, Oxford University Press, 3rd edn, 1996; $45

 

A legal version of Fowler emphasising the importance of plain writing. This new edition of Garner's Dictionary of Legal Usage discusses and analyzes modern legal vocabulary and style more thoroughly than any other contemporary reference work.

The Elements of Legal Style

by Bryan Garner, Oxford University Press, 2nd edn, 2002; $30

 

An invaluable companion to the DMLU, although there is some overlap.

The Winning Brief

by Bryan Garner, Oxford University Press, 2nd edn, 2004; $50

The Scribes Journal of Legal Writing (Vols 1-8)

Ed. Joseph Kimble, kimblej@cooley.edu

 

The entertaining journal of Scribes, an association of published legal authors. Its main goal is to promote better legal writing. For membership information, visit www.scribes.org

Writing Contracts in Plain English

Carl Felsenfield and Alan Siegel, West Publishing, 1981

On Writing Well

William Zinsser, HarperCollins, 6th ed, 2001

 

An inspiring style guide for non-fiction.

Drafting Legal Documents

by Barbara Child, West, 2nd edn, 1992

 

An excellent teaching book.

Clear & Effective Legal Writing

by Veda Charrow and Myra Erhardt, Little, Brown & Co, 1986; £15 UK

 

A useful guide addressed primarily to American litigators.

The Elements of Style

by Strunk & White, Macmillan, 4th edn; $7.95

 

A pocket-sized classic guide to (general, not legal) style.

Legal Language

by Peter Tiersma, University of Chicago Press, 1999

 

An unusual and refreshing angle on plain language from a professor of law whose first degree was in linguistics.

The Legal Writer: 40 Rules for the Art of Legal Writing

by Judge Mark Painter, Cincinnati Book Publishing, 4th edn, 2009; $28.95

Legal Usage in Drafting Corporate Agreements

by Kenneth Adams, Quorum Books, 2001; $99.95

A Manual of Style for Contract Drafting

by Kenneth Adams, ABA Press, 2004; $44.95