LEGAL COMMUNICATION & RHETORIC: JALWD / VOLUME 19 / 2022
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II. The bibliography
Legal writing scholars have invested a significant amount of time
and energy in examining legal writing mechanics and setting out best
practices. is bibliography gathers these resources and divides them into
three broad categories: grammar, usage, and punctuation; plain language;
and citation.
4
ere is some unavoidable overlap between these categories,
so where books or articles could be placed into more than one category, I
have attempted to assign each to its primary category. My goal is for this
bibliography to serve as a resource for any legal writer, whether practi-
tioner, academic, law student, or judge. I also hope that this bibliography
will inspire future scholarship on legal writing mechanics.
is bibliography does not include visual aspects of legal writing such
as document design, typography, or images, though those topics could also
fall into the broad category of legal writing mechanics. Readers interested
in learning more about those areas should consult Ellie Margolis’s excellent
bibliography on Visual Legal Writing.
5
In addition, this bibliography does
not include materials focused on legal writing pedagogy and generally
excludes bar journal articles, though I hope that the materials included
here will nonetheless be helpful resources for teachers and practitioners.
For example, many legal writing textbooks cover these topics, but these
textbooks have generally been excluded from this bibliography. is bibli-
ography also excludes materials focused specifically on contract drafting.
A. Grammar, usage, and punctuation
Grammar, usage, and punctuation are critical components of
effective legal writing because they have a profound impact on the read-
ability and meaning of a document.
6
As a result, there is a robust body of
work focusing on proper grammar, usage, and punctuation; how proper
grammar, usage, and punctuation affects legal analysis; and how grammar,
usage, and punctuation can be used as tools for effective legal writing style.
Legal scholars have paid particular attention to passive voice, the
doctrine of the last antecedent, and, most recently, pronouns and the use
of the singular they. On the punctuation side, scholars debate the use of the
Oxford (or serial) comma, hyphens, and the possessive apostrophe.
4 In general, this bibliography takes a descriptive approach in that it does not choose between various options for how
language should be used but instead compiles resources addressing a range of approaches. In some areas, however, the bibli-
ography is prescriptive in that it focuses on resources that have advocated for legal writers to make particular choices in their
writing. See, e.g., infra section II.B.
5 Ellie Margolis, Visual Legal Writing: A Bibliography, 18 L C. R 195 (2021).
6 A Z. C K R G P, T C L W 403 (2d ed. 2020).