Sometimes consulting a good reference book can
improve your writing. Whether you are a proud relative shopping for the
perfect gift for someone recently admitted to the bar, a new graduate
stocking your law-office bookshelf, or a supervising attorney seeking
books to recommend to junior colleagues, here is a short list of some of
the resources I have found particularly useful.
Bryan Garner deserves his own shelf,
and any of his books makes a worthy
addition to your collection. (However, he
needs to abandon the notion that citations
belong in footnotes. All these years later,
that’s still not happening.) If
you want a single book that
covers everything from brainstorming and outlining to writing effective issue statements
to the nuts-and-bolts of writing
and editing, I’d recommend his
The Winning Brief. Organized
around 100 tips, the book
guides you from the beginning
of your writing project to
the final revisions. Not sure whether “that” or “which” is
appropriate in a given sentence? The Winning Brief
addresses that too.
The text I use most, though, is The Redbook, Garner’s
legal-style guide. It sits at my elbow every time I write, edit
or provide feedback on writing. If I question a comma, I flip
to sections 1. 2 through 1. 13. When a student makes a particular style, grammar or punctuation error, I cite the relevant
Redbook section in my comment. (As a result, I have memorized several section numbers, including those for
passive voice and the dreaded comma splice.) Clear
organization, a word index and a general index
make the text easy to navigate, but I guarantee that
you’ll tab key sections for frequent reference.
Chapter 12 on “troublesome words” and the editing guide in chapter 13 are full of worthy additions
to your revision checklist. Like every Garner text,
The Redbook is written in accessible prose, and you
won’t find any antiquated maxims or grammar
urban legends, just rules and advice you can use.
I don’t agree with everything Steven Stark says
in his Writing to Win—his interpretation of the
“CRAC” organizational paradigm is unusual, for
example—but almost every page provides invaluable advice. Stark begins by outlining the fundamentals of effective prose and then applies those
fundamentals to specific legal-writing contexts,
from motions and briefs to pleadings and contracts. He illustrates that advice with examples
The Legal Writer’s Bookshelf
THE LEGAL WORD by Susie Salmon
Susie Salmon is Assistant Director
of Legal Writing and Associate Clinical
Professor of Law at The University of
Arizona, James E. Rogers College of Law.
Before joining Arizona Law, she spent
nine years as a commercial litigator at
large firms in Tucson and Los Angeles.
drawn not just from cases and legal docu-
ments but also from advertising, journalism
and even fiction. Some may find certain tips
controversial; for example, Stark urges on
page 133 that “You do not have to answer
every allegation and charge raised by the
other side. Your job is to address the princi-
pal allegations the other side raises, and only
in a way that supports arguments you have
already made.” Whether you agree or
not, Stark provokes you to reflect on your
own philosophy of effective per-
suasion. Drop the paperback in
your carry-on bag; Stark’s brisk
prose and keen observations will
make that transcontinental flight
almost painless, and you may be
a better legal writer when you
land.
Ross Guberman’s Point
Made is the flashier, pithier version of the Stark text. Guberman
uses samples from real briefs
written by famous contemporary
lawyers to illustrate 50 techniques for persuasive legal writing. Guberman’s tips are insightful, and he explains them efficiently, but a big part of the fun
is reading excerpts from briefs
written by the rock stars of the
appellate-attorney world.
One of my favorite books
about writing, though, is
Stephen King’s On Writing.
King tells a vivid story, and he
tells several in reflecting on what
makes effective prose. He also
just loves writing, and that passion can be contagious.
Would you rather listen to a pod-cast, maybe in the car or on the treadmill? Grammar Girl (aka Mignon
Fogarty) has podcasts available at
www.quickanddirtytips.com/
grammar-girl that provide helpful explanations and memorable
examples to help cure common
grammar, style, punctuation and
usage woes.
Happy reading (or listening)! AZ AT
Welcome to the reintroduction of a
favorite feature on good legal
writing. If there are writing topics
you’d like to see covered, write to
arizona.attorney@azbar.org
Seeking a
reference
book for you
or a friend?
Here’s a
short list.
