Martha Faulk - Elements of Legal Writing: A Guide to the Principles of Writing Clear, Concise,
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Elements of Legal Writing: A Guide to the Principles of Writing Clear, Concise,
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Filled with before-and-after examples and illustrations from the legal world, heres a quick reference for lawyers, paralegals, law students, or anyone in the legal profession.
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MACMILLAN A Simon & Schuster Macmillan Company 1633 Broadway New York, NY 10019
Copyright 1994 by Martha Faulk and Irving M. Mehler
All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the Publisher.
MACMILLAN is a trademark of Macmillan, Inc.
A catalog record is available from the Library of Congress
ISBN 0-02-860839-9
Designed by Nancy Sugihara 10 9 8 7 6 5 4 3 2 1 Printed in the United States of America
Page v
To my parents, Madge and Jim M.F.
To my wife, my children, and my grandchildren I.M.M.
Page vii
Contents
Acknowledgments
xv
Introduction
1
Pressure to Reform
1
Plain English Statutes
2
"A Short and Plain Statement"
2
The Conservative Tradition
3
Economic Self-Interest
4
1 Principles of Clear Writing
5
1. Use short sentences for complicated thoughts
5
2. Use active voice verbs wherever appropriate
6
3. Make verbs do the work in your sentences
7
4. Remove surplus words
8
5. Remove redundant legal phrases
9
6. Use everyday language whenever possible
10
7. Prefer specific and concrete words
11
8. Place modifiers carefully
12
9. Avoid placing too many subordinate clauses in one sentence
13
10. Use conventional punctuation marks
13
Page viii
2 Principles of Diction
17
11. Use only essential words from traditional legal phrases
18
12. Avoid lawyerisms
20
13. Use Latin and French terms only for firmly entrenched legal concepts
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