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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Plain English for Lawyers 5th ed

ISBN13: 9781594601514
ISBN: 1594601518
Published: July 2005
Publisher: Carolina Academic Press
Country of Publication: USA
Format: Paperback
Price: £26.00

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Wydick's Plain English for Lawyers -now in its fifth edition- has been a favorite of law students, legal writing teachers, lawyers, and judges for over 25 years. In January 2005, the Legal Writing Institute gave Wydick its Golden Pen Award for having written Plain English for Lawyers. The Legal Writing Institute is a non-profit organization that provides a forum for discussion and scholarship about legal writing, analysis, and research. The Institute has over 1,300 members representing all of the ABA-accredited law schools in the United States. Its membership also includes law teachers from other nations, English teachers, and practicing lawyers.

The LWI award states: Plain English for Lawyers . . . has become a classic. Perhaps no single work has done more to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing.'

In 2003 Wydick retired after 32 years on the law faculty of the University of California, Davis. But he still teaches his favorite course - a seminar in advanced legal writing for third-year law students. For the past eight summers he has also lectured at the International Legislative Drafting Institute presented in New Orleans by the Public Law Center, a joint venture of Tulane and Loyola law schools. There the audience consists of lawyers and non-lawyers from abroad who earn their living drafting legislation in many different languages. 'Teaching at the Institute,' Wydick says, 'is a precious opportunity to learn how much we English-users have in common with people who write laws in other languages.'

How does the fifth edition of Plain English for Lawyers differ from its predecessors? It remains (in size only!) a little book, small enough and palatable enough not to intimidate over-loaded law students. 'Most of the text remains the same,' Wydick says, 'but in the past seven years I ve learned some new things about writing in English, and I want to share that with the readers.' In addition, the exercises at the end of the chapters are different (a welcome change for long-time teachers who are tired of the old ones).

Drafting and Legal Writing, Legal Skills and Method
Preface and Acknowledgments
Chapter 1 Why Plain English?
Chapter 2 Omit Surplus Words ;
How to Spot Bad Construction
Avoid Compound Constructions
Avoid Word-Wasting Idioms
Focus on the Actor, the Action, and the Object
Do Not Use Redundant Legal Phrases
Chapter 3 Use Base Verbs, Not Nominalizations
Chapter 4 Prefer the Active Voice ;
The Difference Between Active and Passive Voice
The Passive Can Create Ambiguity
Chapter 5 Use Short Sentences
Chapter 6 Arrange Your Words with Care ;
Avoid Wide Gaps Between the Subject, the Verb, and the Object
Put Conditions and Exceptions Where They Are Clear and Easy to Read
When Necessary, Make a List
Put Modifying Words Close to What They Modify
Avoid Nested Modifiers
Clarify the Reach of Modifiers
Chapter 7 Choose Your Words with Care;
Use Concrete Words
Use Familiar Words
Do Not Use Lawyerisms
Avoid Shotgunning
In Rule Drafting, Prefer the Singular Number and the Present Tense
Use Words of Authority with Care
Chapter 8 Avoid Language Quirks
Avoid Elegant Variation
Avoid Noun Chains
Avoid Multiple Negatives
Avoid Cosmic Detachment
Use Strong Nouns and Verbs
Avoid Sexist Language
Chapter 9 Punctuate Carefully
How Punctuation Developed
Lawyers’ Distrust of Punctuation
Punctuate Carefully
Definition of Terms
Periods, Question Marks, and Exclamation Points
Appendix: Readers Exercise Key
Index and Lawyers Word Guide ;