Law and Legal Writing
Measuring Plain English: Using Reader Expectations to Redefine Readability [Not yet published long article]
The Plain English movement, active now for more than half a century in the United States, has done a great deal of good work. 37 of the 50 States have some form of legislation that attempts to require Plain English readability for legal documents. The proper use of structure sends to readers the proper instructions concerning the interpretive process; it recognizes and services readers’ expectations. Prose that consistently sends the correct structural instructions should be considered by the Law as “readable,” as having been written in “Plain English.”
The Plain English movement, active now for more than half a century in the United States, has done a great deal of good work. 37 of the 50 States have some form of legislation that attempts to require Plain English readability for legal documents. The proper use of structure sends to readers the proper instructions concerning the interpretive process; it recognizes and services readers’ expectations. Prose that consistently sends the correct structural instructions should be considered by the Law as “readable,” as having been written in “Plain English.”
“Understanding Your Prewriting Process and Freeing Yourself from Guilt.” Scribes (2017) 5-8. Prewriting is all that you do as a writer before you start to pour forth the words themselves.
“IRAC, REA, Where We Are Now, and Where We Should Be Going in the Teaching of Legal Writing.” Journal of the Legal Writing Institute, 17 (2011), xvii-xxxv.
We have come so far since 1975. Formal writing instruction exists at most law schools. Writing faculty are gaining increasingly greater control over their continued employment, are slowly growing in respect from the rest of the faculty, and are forging consistently more productive bonds with their students. We must become teachers of language, teachers of rhetoric, teachers of writing.
We have come so far since 1975. Formal writing instruction exists at most law schools. Writing faculty are gaining increasingly greater control over their continued employment, are slowly growing in respect from the rest of the faculty, and are forging consistently more productive bonds with their students. We must become teachers of language, teachers of rhetoric, teachers of writing.
“CCISSR (Color Coding for the Interpretation of Syntactic and Substantive Relationships): The Perfect Way to Teach Legal Writing.” Journal of the Legal Writing Institute, 13 (2007) 315-30.
The Keynote Address at the 20th Anniversary Legal Writing Institute Conference, Seattle, Washington, July 2004
The Keynote Address at the 20th Anniversary Legal Writing Institute Conference, Seattle, Washington, July 2004
"Controlling Contexts: Interpretation and Expert Testimony." American Speech 65 (1991), 323-33.
In these pages I do not explore in detail the parol evidence rule; rather, I use a recent case to examine the variable nature of context and to demonstrate how writers of all types of legal discourse should pay even more attention to context than they now do. By manipulating context, either explicitly or structurally, a legal writer can gain greater control over the interpretation process of most readers.
In these pages I do not explore in detail the parol evidence rule; rather, I use a recent case to examine the variable nature of context and to demonstrate how writers of all types of legal discourse should pay even more attention to context than they now do. By manipulating context, either explicitly or structurally, a legal writer can gain greater control over the interpretation process of most readers.
"Let the Buyer in Ordinary Course of Business Beware: Suggestions for Revising the Language of the Uniform Commercial Code." University of Chicago Law Review 54 (1987), 1178-1214.
I have chosen the Uniform Commercial Code (“UCC”) to explore only because its rhetorical difficulties are so specific, so consistent, and so well known to lawyers and law students. The principles suggested here can be used and expanded to apply to any statutes or agreements that are burdened with similar difficulties.
I have chosen the Uniform Commercial Code (“UCC”) to explore only because its rhetorical difficulties are so specific, so consistent, and so well known to lawyers and law students. The principles suggested here can be used and expanded to apply to any statutes or agreements that are burdened with similar difficulties.
"The State of Legal Writing: Res Ipsa Loquitur." University of Michigan Law Review 86 (1987), 1201-1247. The abuse of the language in law, intentional or otherwise, exists and has existed for hundreds of years. What is new is a growing consciousness of that abuse and a will to do something about it. New structures for writing programs, combined with new structural methods of teaching writing, offer a great deal of hope that we will not long continue to pass the problem onward and upward. Continuing legal education programs seem interested in developing rhetoric as a topic for serious study.
"Rhyme and Reason: Why the Study of Poetry Is the Best Preparation for the Study of Law." College English, 46 (1984), 333-347.
Most law schools publish a statement in their catalogue informing prospective students that there is no particular undergraduate major necessary to preparing themselves to study law. Some add that no matter what major the student chooses, there should be a strong concentration on the developing of critical reading and writing skills. I would agree with both these statements. The majority of students I have known, however, rejoice in the former but disregard the latter, and because they have romantic misconceptions of what the study of law will require, they tend in large numbers to major in political science or government and ignore as much else as possible. …. The undergraduate can prepare specifically for that experience (law school) only by developing the skills which he or she will be called upon to use in legal training, and those are the skills of critical reading and critical writing.
George D. Gopen Responds to comments on “Rhyme and Reason: Why the Study of Poetry is the Best Preparation for the Study of Law.” College English, 47 (1985), 298-300.
Most law schools publish a statement in their catalogue informing prospective students that there is no particular undergraduate major necessary to preparing themselves to study law. Some add that no matter what major the student chooses, there should be a strong concentration on the developing of critical reading and writing skills. I would agree with both these statements. The majority of students I have known, however, rejoice in the former but disregard the latter, and because they have romantic misconceptions of what the study of law will require, they tend in large numbers to major in political science or government and ignore as much else as possible. …. The undergraduate can prepare specifically for that experience (law school) only by developing the skills which he or she will be called upon to use in legal training, and those are the skills of critical reading and critical writing.
George D. Gopen Responds to comments on “Rhyme and Reason: Why the Study of Poetry is the Best Preparation for the Study of Law.” College English, 47 (1985), 298-300.
“A Composition Course for Pre-Law Students.” J. Legal Education, (1977), 222-231.
If eventually a large number of universities could be teaching hundreds of pre-law students about the nature of words and the way the Law must use words, then we might indeed make some progress on the quality of writing at law school.
If eventually a large number of universities could be teaching hundreds of pre-law students about the nature of words and the way the Law must use words, then we might indeed make some progress on the quality of writing at law school.