Plain language for lawyers - Softcover

Michele M Asprey

9781862872059: Plain language for lawyers

Softcover

ISBN 10: 1862872058 ISBN 13: 9781862872059

Publisher: Federation Press, 1996

In 1991, the idea of drafting in plain language was difficult for many lawyers to accept, but now plain language has become almost mainstream. This edition has been revised to cover the significant developments in plain language and the law since 1991. It also includes a new section on document design and document testing. Plain language has now become an essential tool for lawyers who want to offer their clients a modern legal serice. This book uses examples to illustrate the various points raised.

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Review:

Asprey outlines the considerable cost savings experienced by companies and governments when they have designed contracts and forms that can be easily and widely understood. aEURO| Asprey presents a convincing case for simplicity. She argues that it is not only economically sensible but legally responsible to abandon archaic drafting habits and embrace plain language in drafting. Having convinced the reader that plain language is not only an option in drafting, but the only responsible option, Asprey then proceeds to dissect bad drafting habits and propose solutions. She demonstrates good drafting practices, details successful implementations aEURO| The first part of the book makes a case for the use of plain language in a convincing and easy to read manner. The writer then deals with the fundamentals and structure of drafting. She underlines the importance of knowing your audience when you are writing any document, and writing for the ability, understanding and interest of the reader or audience when preparing a document. aEURO| The book contains chapters which deal with the technicalities of the written word including the structure of drafting, words generally, grammatical structures to avoid, legal affectations and clarity of word use. It also explains how to set out a document so that its very design assists the reader in understanding its content. The third edition of the book includes new chapters on email and use of the internet. This book is very easy to read. The author has interspersed her technical knowledge with humour, common sense and wide and relevant research. Asprey has provided the reader with a wonderful example of plain language at its best. In my view the book should be compulsory reading for anyone involved in the law. Judge Richards, (2005) 26 Qld Lawyer Some books get better with age aEURO" like old wine. Each new edition bring the better out of the author, aims more dirctly at the reader, and hits bullaEURO (TM)s eye. This is one of them. aEURO| This new revision has some great additions, especially chapters on plain language around the world, writing email and for the internet, and designing documents for the computer screen. The initial three chapters convince you of the need to use plain language; after all, legalese is certainly undignified. Clear and precise language, organization, design and layout are important. The fundamentals follow - consider your reader, eschew pomposity, plan first, put the most important part of your document first, ignore future tense for your benefit, be flexible. Two wonderful chapters discuss legal affectations and problem words (and, and/or, shall). And do not miss the plain language vocabulary aEURO" it meets your needs. aEURO| A detailed index and links to further research (in footnotes that do not daunt the eye) are other hallmarks. Have you bought the title yet? Global Law Review, 21 January 2004 Michle Asprey takes her readers by the hand and leads them gently through the evidence supporting the need to write in terms that the intended reader can understand. Her tone is persuasive and her points are made in a relaxed way supported by extensive references to research, case law and relevant websites. aEURO| There is an extensive plain language vocabulary list. I was particularly intrigued by the discussion linking plain language writing to legal interpretation. Plain Language for Lawyers is the book you need on hand when faced with arguments about using aEURO÷mustaEURO� in prefernce to aEURO÷shallaEURO� , or the need to avoid aEURO÷and/oraEURO� , and other hoary chestnuts of drafting. These and similar problems are covered in the chapter Little words: big problems. I could have done with this book for AspreyaEURO (TM)s wisdom earlier this year. aEURO| Asprey gives frequent examples of complex writing and then the plainer version, and she always provides evidence to support her point of view. aEURO| [her book] is an invaluable resource with which to persuade colleagues to give up bad writing habits. The book belongs in the library of anyone wishing to communicate more clearly in writing aEURO" not just lawyers! Law Institute Journal (Victoria), Vol 77(11), November 2003 Here is a most effective guide to all aspects of clear expession. Ethos (Law Society of the ACT), December 2003 This book is a must-have for anyone whose livelihood depends upon human communication. While directed specifically towards lawyers, the volumeaEURO (TM)s pertinence extends to a much wider audience, including professors, doctors, corporate executives and students, just to name a few. aEURO| Asprey arranges the book into 18 short, accessible chapters, cleverly anticipating readersaEURO (TM) common questions and concerns and ultimately proving that she knows her audience well, making a seemingly aEURO÷tough sellaEURO� with ease, style and finesse. Trade Practices Law Journal, Vol 11, December 2003

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