Legal Writing Exercises: A Practical Guide to Clear and Persuasive Writing for Lawyers

by E. Scott Fruehwald

Overview

Legal writing is specialized writing; it has terminology, techniques, and forms all its own. However, it adheres to the same fundamentals as other types of writing. This handy resource will help you develop your legal writing skills so that you can more effectively communicate with others in the language of the law.

Each major section of the book starts with an explanation of a core concept of good writing and is followed by numerous exercises. By working through these illustrative exercises, you'll learn how to write concise, powerful sentences; eliminate un-needed words; and structure and combine sentences and paragraphs to create clear and persuasive documents, letters, and other types of written communication.

There are over 90 illustrative exercises throughout the book. By proceeding through these exercises, and then reading the correct answers, you'll sharpen your legal writing skills. In addition, this isn't a dry text on grammar and writing, humorous comments are sprinkled throughout to lend a certain approachability to the subject matter.

Product Details

ISBN-13:	9781627228923
Publisher:	American Bar Association
Publication date:	08/07/2015
Pages:	220
Product dimensions:	6.10(w) x 9.00(h) x 0.60(d)

About the Author

Professor Fruehwald has taught at the law schools of the Universityof Alabama, Roger Williams University, and Hofstra University. He graduated magna cum laude from the Universityof Louisville School of Law, where he was editor in chief of the Law Review. He also has an S.J.D. from the Universityof Virginia School of Law and a Ph.D. from the City Universityof New York. He has published articles on law and behavioral biology, conflicts of law, federalism, and copyright. His book, Choice of Law for American Courts: A Multilateralist Method, received Hofstra University's Stessin Prize for Outstanding Scholarship in 2002. He has also written a book on law and behavioral biology, Law and Human Behavior: A Study in Behavioral Biology, Neuroscience, and The Law (2011).

Table of Contents

Preface xi

Chapter 1 Introduction: General Principles of Writing and Editing 1

Chapter Goals 1

The Three Stages of Writing 2

The Pre-writing Stage 2

The Editing Stage 5

A Holistic Approach to Writing 7

Retrieval Exercises 10

Conclusion 10

Chapter 2 Active and Passive Sentences and Writing with Verbs 11

Chapter Goals 11

Use the Active Voice 12

Write with Verbs 18

Don't Overuse the Verbs "To Be" or "To Have" 23

Avoid Complex Verb Constructions 25

Chapter 3 Editing for Wordiness 29

Chapter Goals 29

Edit Wordy Expressions 29

Eliminate Unnecessary Repetitions 37

Eliminate "There" or "It" Constructions 40

Eliminate Long Descriptive Phrases 42

Eliminate Wordy Negative Expressions 44

Shorten Introductory Phrases 46

Conclusion 49

Chapter 4 Emphasis, Clarity, and Specificity 51

Chapter Goals 51

Emphasis 51

Make Lists Clear 59

Avoid Clichés and Legal Jargon 61

Be Specific 64

Conclusion 73

Chapter 5 Combining Sentences and Editing Paragraphs 75

Chapter Goals 75

Recognizing Sentence Patterns and Combining Sentences 76

Eliminate Redundant Sentences 89

Don't Tread Water 90

Paragraph Editing Exercises 92

Do Not Overuse Particular Words within a Paragraph 95

Avoid Abrupt Verb Tense Changes 98

Conclusion 101

Chapter 6 Organizing Paragraphs and Creating Coherence 103

Chapter Goals 103

Introduction 103

Paragraph Unity 105

Organizing Paragraphs 112

Creating Coherence and Flow 119

Conclusion 127

Chapter 7 The Small-Scale Paradigm 129

Chapter Goals 129

Small-Scale Paradigm Defined 129

Small-Scale Paradigm Outline 130

Conclusion 130

Law 131

Application 133

Small-Scale Paradigm and Paragraphing Outline 138

More Complex Paradigm Outline 139

Finding Problems in the Small-Scale Paradigm 141

Counterargument and the Small-Scale Paradigm 149

Conclusion 151

Chapter 8 Large- and Medium-Scale Organization 153

Chapter Goals 153

Organization of a Discussion or Argument Section 154

Example: Negligence 155

Example: Intentional Infliction of Emotional Harm 155

Example: Intentional Infliction of Emotional Harm 156

Example: Fair Use Statute (Copyright) 157

Example: Fair Use 159

Articulating the Organization 160

Introduction 160

Headings and Subheadings 163

Thesis Paragraphs 166

Closure 168

Conclusion 169

Bringing It Together 170

Other Types of Medium- and Large-Scale Organization 172

Creating Continuity and Flow Between Paragraphs, Subsections, and Sections 176

Chapter 9 Review 181

The Keys to Clear Legal Writing 181

Wrap Up 201

Glossary 203