Ask Us Law, Legal Writing Guide

Legal Writing – General

Legal Writing – General

On Reserve

• Better Legal Writing: 15 Topics for Advanced Legal Writers by Wayne Schiess / LAW-RESERVE KF250 .S35 2005.
• Brief Writing & Oral Argument, 9th ed, by Edward D Re & Joseph R Re / LAW-RESERVE KF251 .R4 2005.
• The Comprehensive Guide to Legal Research, Writing and Analysis, 3rd ed by Moira McCarney et al / LAW-RESERVE KF240 .M33 2019.
• Effective Lawyering: A Checklist Approach to Legal Writing and Oral Argument by Austen L Parrish & Dennis T Yokoyama / LAW-RESERVE KF250 .P37 2007.
• Effective Written Advocacy by Thomas A Cromwell & Marshall E Rothstein / LAW-RESERVE KF250 .C76 2008.
• Hereof, Thereof, and Everywhereof: A Contrarian Guide to Legal Drafting by Howard Darmstadter / LAW-RESERVE KF250 .D36 2002.
• Just Writing: Grammar, Punctuation, and Style for the Legal Writer by Anne Enquist & Laurel Currie Oates / LAW-RESERVE KF250 .E56 2009.
• The Law Workbook: Developing Skills for Legal Research and Writing by Shelley Kierstead et al / LAW-RESERVE KF240 .G67 2011.
• Legal Analysis and Writing by William H Putman / LAW-RESERVE KF250 .P87 2003.
• Legal Problem Solving: Reasoning, Research & Writing by Maureen F Fitzgerald & Susan Barker / LAW-RESERVE KF240 .F57 2016.
• Legal Research: Step by Step by Margaret Helen Kerr et al / LAW-RESERVE KF240 .K47 2015.
• Legal Research and Writing, 4th ed, by Ted Tjaden / LAW-RESERVE KF240 .T52 2016 and eBook.
• Legal Writing by Lisa Webley / LAW-RESERVE KF250 .W43 2013.
• Legal Writing: Process, Analysis, and Organization by Linda Holdeman Edwards / LAW-RESERVE KF250 .E39 2010.
• Legal Writing and Research Manual by John A Yogis et al / LAW-RESERVE KF240 .Y6 2012.
• Letter Writing for Lawyers by Anne Carver & Simon Ng / LAW-RESERVE KF250 .C37 2003.
• The Literate Lawyer: Legal Writing and Oral Advocacy by Robert B Smith / LAW-RESERVE KF250 .S63 2009.
• A Practical Guide to Legal Writing and Legal Method by John C Dernbach / LAW-RESERVE KF250 .D47 2010.
• Synthesis: Legal Reading, Reasoning and Writing in Canada by Margaret E McCallum et al / LAW-RESERVE KF250 .M32 2017.
• Thinking Like a Writer: A Lawyer's Guide to Writing and Editing by Stephen V Armstrong & Timothy P Terrell / LAW-RESERVE KF250 .A76 2003.
• Writing and Drafting in Legal Practice by Paul Rylance / LAW-RESERVE KF250 .R95 2012.
• Writing for the Court by James C Raymond / LAW-RESERVE KF250 .R39 2010.
• Written Advocacy by James C Morton / LAW-RESERVE KF250 .M67 2013.

Stacks (3-week loan)

• Academic Legal Writing: Law Review Articles, Student Notes and Seminar Papers by Eugene Volokh / LAW-STACKS KF250 .V65 2005.
• Creating Legal Worlds: Story and Style in a Culture of Argument by Greig E Henderson / LAW-STACKS K213 .H46 2015 and eBook.
• The Elements of Legal Style by Bryan A Garner / LAW-STACKS KF250 .G37 2002.
• Gender-Free Legal Writing: Managing the Personal Pronouns by British Columbia Law Institute / LAW-STACKS KF250 .B74 1998.
• The Lawyer's Book of Rules for Effective Legal Writing by Thomas R Haggard / LAW-STACKS KF250 .H33 1997.
• Legal and Legislative Drafting by J Paul Salembier / LAW-STACKS KF4483 .L4 S25 2018.
• Legal English by Rupert Haigh / LAW-RESERVE KF250 .H35 2012.
• Legal Reasoning and Legal Writing: Structure, Strategy, and Style by Richard K Neumann / LAW-STACKS KF250 .N48 1998.
• Legal Writing Advice: Questions and Answers by Gertrude Block / LAW-STACKS KF250 .B57 2004.
• The Practical Guide to Canadian Legal Research by Nancy McCormack, John Papadopoulos & Catherine Cotter / LAW-STACKS KF240 .C35 2015.
• Writing Reasons: A Handbook for Judges by Edward I Berry / LAW-STACKS KF250 .B47 2015.

Reference Collection (in-library use only)

• Researching and Writing in Law by Terry CM Hutchinson / LAW-REF KF240 .H873 2010.

Plain Language

Plain Language

Plain language is writing that anyone can easily read and understand, regardless of education and/or background. To avoid "legalese" in your writing, take a look at the following texts. Note that plain language legal writing is also addressed in many of the books in Legal Writing – General.

On Reserve

• Clear and Precise: Writing Skills for Today's Lawyer by Ros Macdonald & Deborah Clark-Dickson / LAW-RESERVE KF250 .M23 2010.
• Legal Drafting in Plain Language by Robert C Dick / LAW-RESERVE KF250 .D52 1995.
• Legal Writing in Plain English: A Text with Exercises by Bryan A Garner / LAW-RESERVE KF250 .G373 2013.
• Making Your Case: The Art of Persuading Judges by Antonin Scalia & Bryan A Garner / LAW-RESERVE KF8870 .S23 2008.
• Plain English for Lawyers by Richard C Wydick / LAW-RESERVE KF250 .W92 2005.
• Plain Language Legal Writing by Cheryl M Stephens / LAW-RESERVE KF250 .S73 1999 and online (Part I, Part II, Part III) via CBA.
• Plain Language for Lawyers by Michele M Asprey / LAW-RESERVE KF250 .A87 2010.
• Strategic Legal Writing by Donald N Zillman & Evan J Roth / LAW-RESERVE KF 250 .Z55 2008 and eBook.

Stacks (3-week loan)

• A Plain Language Handbook for Legal Writers by Christine Mowat / LAW-STACKS KF250 .M68 2015.

Websites/Online Resources

• A to Z of Alternative Words [PDF] (via Plain English Campaign)
• A Plain English Handbook: How to Create Clear SEC Disclosure Documents [PDF] (via US Securities And Exchange Commission)
• Notes on Writing for Law Students [PDF] by Dr. Margaret McCallum (UNB Faculty of Law, 2008)
• PlainLanguage.gov (via U.S. Government)
• Plain Language Legal Writing (Part I, Part II, Part III) by Cheryl M. Stephens via CBA.
• Resources of the Language Portal of Canada (via Government of Canada)
• Stamps: Explanation of Stamped Comments Used in Marking [PDF] by Dr. Margaret McCallum (UNB Faculty of Law)
• Style and Procedures Manual: A Guide to Drafting Regulations in Plain Language [PDF] by Nova Scotia Department of Justice
• Writing in Plain Language (via Law and Justice Foundation of New South Wales [Australia])

Persuasive Writing

Persuasive Writing

Need help preparing a persuasive argument? The following books can help you boost your skills. Note that persuasive/strategic writing is also addressed in many of the books in Legal Writing – General.

Books

• Writing to Persuade (Conference Publication) by Stephen V Armstrong / LAW-STACKS KF250 .A767 2010.
• Strategic Legal Writing: Preparing Persuasive Documents by Eugene Meehan / LAW-STACKS KF250 .O58 2011.
• Making Your Case: The Art of Persuading Judges by Antonin Scalia & Bryan A Garner / LAW-RESERVE KF8870 .S23 2008.

Articles

• The Art of Persuasive Legal Writing by James W McElhaney (1996) (via HeinOnline; UNB students only)
• Ethos, Character, and Discoursal Self in Persuasive Legal Writing by Christopher J Rideout (2016) (via HeinOnline; UNB students only)
• Levels of Metaphor in Persuasive Legal Writing by Michael R Smith (2006) (via HeinOnline; UNB students only)
• Ten Tactical Tips to Avoid Tripping up in Chambers: Musings of a Retired Judge by Marion J Allan (2016) (via HeinOnline; UNB students only)
• Write to Win by Eugene Meehan (2010) (via HeinOnline; UNB students only)

Websites/Online Resources

• Forget the Wind-Up and Make the Pitch: Some Suggestions for Writing More Persuasive Factums [PDF] by John I Laskin, JA (via Supreme Court Advocacy Institute)
• How to Prepare a Factum for the Court of Appeal [PDF] by the Ontario Justice Education Network
• Preparing the Factum [PDF] by Kenneth L Campbell, Ministry of Attorney General (via Supreme Court Advocacy Institute)
• Some Factum Suggestions [PDF] by Justices David Stratas, Kathy Feldman & Janet Simmons (via Federal Court of Appeal)
• Strategic Legal Writing: Preparing Persuasive Documents [PDF] by Eugene Meehan QC (via Supreme Advocacy)
• Write Me a Memo by John C Kleefeld (via SSRN)

Grammar & Style

Grammar & Style

Legal documents have their own writing style. The following guides to legal writing, editing, and style can help you improve your writing. Note that legal style, editing, grammar, etc., are also addressed in many of the books in Legal Writing – General.

On Reserve

• Thinking Like a Writer: A Lawyer's Guide to Writing and Editing by Stephen V Armstrong & Timothy P Terrell / LAW-RESERVE KF250 .A76 2003.
• Just Writing: Grammar, Punctuation, and Style for the Legal Writer by Anne Enquist & Laurel Currie Oates / LAW-RESERVE KF250 .E56 2009.
• Legal English by Rupert Haigh / LAW-RESERVE KF250 .H35 2012.
• Writing and Drafting in Legal Practice by Paul Rylance / LAW-RESERVE KF250 .R95 2012.

Stacks (3-week loan)

• Gender-Free Legal Writing: Managing the Personal Pronouns by British Columbia Law Institute / LAW-STACKS KF250 .B74 1998.
• The Elements of Legal Style by Bryan A Garner / LAW-STACKS KF250 .G37 2002.
• The Lawyer's Book of Rules for Effective Legal Writing by Thomas R Haggard / LAW-STACKS KF250 .H33 1997.
• Creating Legal Worlds: Story and Style in a Culture of Argument by Greig E Henderson / LAW-STACKS K213 .H46 2015 and eBook.
• Legal Reasoning and Legal Writing: Structure, Strategy, and Style by Richard K Neumann / LAW-STACKS KF250 .N48 1998.

Websites/Online Resources

• Notes on Writing for Law Students [PDF] by Dr. Margaret McCallum (UNB Faculty of Law, 2008)
• Stamps: Explanation of Stamped Comments Used in Marking [PDF] by Dr. Margaret McCallum (UNB Faculty of Law)
• Style and Procedures Manual: A Guide to Drafting Regulations in Plain Language [PDF] by Nova Scotia Department of Justice
• Writing Exercises for Law Students [PDF] by Dr. Margaret McCallum (UNB Faculty of Law, 2008)

Court Documents

Court Documents

Need help preparing a memo, factum, or other court document? The following resources can help! Note that preparing court documents is also addressed in many of the books in Legal Writing – General.

Books

• Preparation of Factums by Thomas A Cromwell & AM Austin / LAW-RESERVE KF251 .P74 1996 and LAW-STACKS KF251 .P74 1996.
• Brief Writing & Oral Argument by Edward D Re & Joseph R Re / LAW-RESERVE KF251 .R4 2005.
• Writing for the Court by James C Raymond / LAW-RESERVE KF250 .R39 2010.
• Writing and Drafting in Legal Practice by Paul Rylance / LAW-RESERVE KF250 .R95 2012.

Websites/Online Resources

• The Canadian Legal Research and Writing Guide by Melanie Bueckert et al (via CanLII)
  • Specifically section 12: "Preparing a Legal Memorandum" and Appendix 1: "Sample Memorandum of Law"
• Forget the Wind-Up and Make the Pitch: Some Suggestions for Writing More Persuasive Factums [PDF] by John I Laskin, JA (via Supreme Court Advocacy Institute)
• How to Prepare a Factum for the Court of Appeal [PDF] by the Ontario Justice Education Network
• Preparing the Factum [PDF] by Kenneth L Campbell, Ministry of Attorney General (via Supreme Court Advocacy Institute)
• Some Factum Suggestions [PDF] by Justices David Stratas, Kathy Feldman & Janet Simmons (via Federal Court of Appeal)
• Strategic Legal Writing: Preparing Persuasive Documents [PDF] by Eugene Meehan QC (via Supreme Advocacy)
• Write Me a Memo by John C Kleefeld (via SSRN)

Court Rules

In addition to books, check the rules for the court you're writing for. These rules will outline the format, content, etc., of court documents, procedures to follow, and may also provide forms you can use.

• New Brunswick Rules of Court specifically Rule 4: Court Documents [PDF]
• New Brunswick Forms of Court
• New Brunswick Annotated Rules of Court (via New Brunswick Courts)
• Rules of the Supreme Court of Canada, particularly sections 42 and 43 (via Justice Laws)
• Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic) (via Supreme Court of Canada)

Exams & Essays

Exams & Essays

Writing law exams and papers for the first time can be intimidating. Prepare yourself with the following resources.

Books

• Writing Essay Exams to Succeed in Law School (Not Just to Survive) by John C Dernbach / LAW-RESERVE KF283 .D47 2010.
• How to Write Law Essays and Exams by Stacie Strong / LAW-RESERVE KF250.S77 2018.
• How to Write Better Law Essays: Tools and Techniques for Success in Exams and Assignments by Steve Foster / LAW-RESERVE KF250 .F67 2013

Articles

• Thirteen Rules for Taking Law Exams by Jerry J Phillips (via HeinOnline; UNB students only). Note: this article is satire and outlines what not to do.
• Two Tips on Writing Law School Examinations by Walter B Raushenbush (via HeinOnline; UNB students only).

Websites/Online Resources

• Exam Writing 101 (via Law School Toolbox)
• How to Write a Law School Exam Answer (via JD Advising)
• Law School Exam Writing Guide (via Quimbee)
• Writing Law Examinations [PDF] by John H Langbein (via Yale Law School)

Oral Advocacy

Oral Advocacy

Going to court? Competing in a moot? Make sure you have an effective argument! The following books can help you prepare for the big day. Note that preparing an effective oral argument is also addressed in many of the books in Legal Writing – General.

Books

• A Practical Guide to Mooting by Sharon A Williams & Janet Walker / LAW-RESERVE KF281 .A2 W55 1995 c.2.
• Effective Lawyering: A Checklist Approach to Legal Writing and Oral Argument by Austen L Parrish & Dennis T Yokoyama / LAW-RESERVE KF250 .P37 2007.
• Brief Writing & Oral Argument by Edward D Re & Joseph R Re / LAW-RESERVE KF251 .R4 2005.
• The Essential Guide to Mooting: A Handbook for Law Students by Emir Aly Crowne-Mohammed, Shelley Kierstead & Mohamed R Hashim / LAW-RESERVE KF281 .A2 C76 2010.
• How to Moot: A Student Guide to Mooting by John Snape & Gary Watt / LAW-RESERVE KF281 .A2 S63 2010.
• Making Your Case: The Art of Persuading Judges by Antonin Scalia & Bryan A Garner / LAW-RESERVE KF8870 .S23 2008.
• The Student Guide to Mooting by Michael Hammond & Margaret Ross / eBook only.
• Supreme Court of Canada Manual: Practice and Advocacy by Eugene R Meehan / LAW-RESERVE KF8764 .ZA2 S962 1996.
• The Literate Lawyer: Legal Writing and Oral Advocacy by Robert B Smith / LAW-RESERVE KF250 .S63 2009.

Articles

• Effective Appellate Advocacy: Tips from the Teams by Ronald J Rychlak (1997) (via HeinOnline; UNB students only)
• Stepping Up to the Podium with Confidence: A Primer for Law Students on Preparing and Delivering an Appellate Oral Argument by James D Dimitri (2008) (via HeinOnline; UNB students only)
• Winning the Moot Court Oral Argument: A Guide for Intramural and Intermural Moot Court Competitions by Gerald Lebovits, Drew Gewuerz & Christopher Hunker (2013) (via HeinOnline; UNB students only)
• Winning Appellate Advocacy: Persuasive Presentations by Justice Rothstein (2006) (via HeinOnline; UNB students only)

Websites/Online Resources

• Appellate Advocacy: Presenting the Oral Argument [PDF] by Renee M Pomerance, Ministry of the Attorney General (2002) (via Supreme Court Advocacy Institute)
• Some Tips on Oral Advocacy from Justice Rothstein (via Justice David Stratas)
• Tactics for Written and Oral Advocacy: "Be Prepared, Be Brief, Be Gone" [PDF] by Timothy RB Outerbridge (via Law Students' Legal Advice Program)

Videos (DVDs)

• 31 Ways to Winning Advocacy by Frank D Rothschild & Eric Pierson / LAW-RESERVE KF8915 .R68 2007 DVD.
• Meehan & Sharpe on Appellate Advocacy by Eugene R Meehan & Robert J Sharpe / LAW-RESERVE KF9058 .ZA2 M44 2010 DVD.
• The Ten Commandments for Cross-examination by Irving Younger / LAW-RESERVE KF8920 .Y68 1998 DVD.
• Winning Advocacy Skills by Canadian Bar Association / LAW-RESERVE KF8915 .A2 C369 1991b DVD 3.