Legal Writing : A Judge's Perspective on the Science and Rhetoric of the Written Word / Robert E. Bacharach.

Format:

Book

Author/Creator:

Bacharach, Robert E., 1959- author.

Language:

English

Subjects (All):

Legal composition.

Law--United States--Language.

Law.

Physical Description:

1 online resource (156 pages)

Edition:

;2021-01.

Place of Publication:

Cleveland : American Bar Association, 2020.

Chicago, Illinois : American Bar Association, [2020]

Summary:

"Effective legal writing calls not only for artistry but also for scientific understanding." In this synthesis of his experience on the bench and his own research into the science and art of written communications, Robert E. Bacharach, a federal court judge, shares his insights on ways language can determine different responses — and how to use this knowledge to craft a powerful and persuasive message. Judge Bacharach follows a logical progression in crafting effective legal writing, beginning with the importance of an introduction that provides a context for the argument. At this stage, it is important to consider clarity, context, identification of the underlying legal issues, the structure of your argument, and stating the rationale for the optimum outcome. Subsequent chapters look at specific aspects of effective legal writing, including: Organization - the guiding principles of parallelism, logical sequence, and developing the point before responding to the adversarial argument Headings - creating a familiar context to make it easier for readers to follow your argumentFact sections - the importance of a clearly written summary of legal facts that is readily understandable Sentences and paragraphs - in-depth commentary on structural issues such as varying the length of the sentence structure to key rhetorical devices, all to make the reader follow the flow of the argument Diction - how to choose the right word (and why) Grammar - the most essential rules to follow for effective legal writing Conclusions - how to end strong with a concise reminder of the core points Quoting - when—and when not—to use it Typography and page layout Throughout the book, Judge Bacharach illustrates his points with real-world examples from lawyers and judges. As Lisa Blatt of Williams & Connolly states, this is an "easily readable and comprehensive catalogue of do's and don'ts that provides the essential foundations for clear, persuasive legal writing . . . From diction to grammar, and alliterations to aphorisms, this book is mandatory reading for law students and lawyers alike."

Contents:

Intro

Praise for Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word

Title Page

Copyright Page

Contents

Preface

Prologue

About the Author

Chapter One: Introductions

1. Context

2. Deciding Where to Begin

3. Identifying the Issue

4. Stating the Conclusion and Rationale

5. Concision

6. Identifying the Structure

Chapter Two: Organization

1. Guiding Principles

1.1 Using a Parallel Structure

1.2 Using a Logical Sequence

1.3 Developing Your Point before Responding to the Adversary

2. Editing for Clarity

3. Choosing the Sequence

4. Making the Organization Explicit

Chapter Three: Headings

1. Using Textual Headings

2. The Purpose of Headings

3. Focusing the Reader's Attention

Chapter Four: Fact Sections

1. Clarity

2. Organization

Chapter Five: Sentences

1. Transitions

1.1 The Function of Transitions

1.2 Putting Old Information before New Information

1.3 Starting a Sentence with Conjunctions

2. Sentence Length

3. Separation of Subject and Verb

4. Emphasis

4.1 Repetition

4.2 Placement within the Sentence

4.3 Placement in the Paragraph

4.4 Use of Punctuation

4.5 Inversion of Sentences

4.6 Antonomasia

4.7 Metaphor and Simile

4.8 Aphorism

4.9 Literature and Art

5. Use of Nouns

5.1 Concrete Nouns

5.2 Nominalization

5.3 Noun Plague

5.4 Noun Phrases as Subjects

6. Vivid Verbs

7. Expletives

8. Throat Clearing

9. Active and Passive Voice

10. Adjectives and Adverbs

10.1 Couplets of Nouns/Adjectives and Verbs/Adverbs

10.2 Use of Nouns as Adjectives

10.3 Use of That as a Complement

Chapter Six: Paragraphs

1. Function

2. Topic Sentences

3. Building on the Topic Sentence

4. Referring to Authorities

5. Sentence Pattern

Chapter Seven: Diction.

1. Using Simple Language

2. Elegant Variation

3. Avoiding Redundancies

4. Replacing a Phrase with a Word

5. Avoiding Legalese and Latin

6. Clichés and Vogue Words and Phrases

7. Referring to Parties and Other Entities

7.1 Acronyms

7.2 Parties' Names Rather Than Their Litigation Status

8. Usage

Chapter Eight: Grammar

1. Punctuation

1.1 Descriptive Information

1.2 Terminal Punctuation

1.3 Semicolons

1.4 Compound Adjectives

1.5 Bullet Points

2. Pronouns

2.1 Referent

2.2 Use of the Correct Form

2.3 Singular and Plural Forms

2.4 Reflexive Pronouns

2.5 Intensive Pronouns

3. Gerund Phrases

4. Dangling Participles

5. Dangling Infinitives

6. Contractions

7. Modifiers

7.1 Placement

7.2 Content

8. Use of Nouns

8.1 Collective Nouns

8.2 Compound Nouns

8.3 Singular or Plural

9. Verbs

9.1 Number

9.2 Tense

9.3 Person

9.4 Compound Predicates

10. Adverbs

11. Parallelism

12. Prepositions and Prepositional Phrases

12.1 Placement

12.2 Prepositions with Verbs

12.3 Ending a Sentence with a Preposition

13. Possessives

14. Hyphens

15. Correlative Conjunctions

Chapter Nine: Conclusions

Chapter Ten: Quoting

1. Overuse

2. Weaving the Quote into Your Point

3. Avoiding Boilerplate Quotes

4. Excising Immaterial Parts and Block Quotations

Chapter Eleven: Typography

1. Page Layout

2. Punctuation Styles

3. Fonts

4. Character Spacing

5. All Caps

6. Headings

7. Bulleted Lists

8. Justification

9. Spacing between Sentences

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Bacharach, Robert E. Legal Writing

ISBN:

1-64105-660-6