Legal Drafting: A Beginner’s Guide

This post was co-authored by Barbara Bavis and Robert Brammer, Legal Reference Librarians.

Legal drafting is a very structured method of writing that can prove intimidating to the uninitiated. In this Beginner’s Guide, we will recommend some sources that will help you excel in the legal drafting process.

Legal Dictionaries

The first step in drafting any legal or law-related document is to fully understand its context, which includes studying the language used by the courts, attorneys, and/or legal scholars regarding the issue.  For those new to legal drafting, or unfamiliar with an area of the law, a legal dictionary can be invaluable.  Some of the most popular legal dictionaries are:

• Black’s Law Dictionary, edited by Bryan A. Garner (2009)

• Merriam-Webster’s Dictionary of Law (2011)

• A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union, by John Bouvier (2000)

• Ballentine’s Law Dictionary, With Pronunciations, by James A. Ballentine (1969)

• A New Law Dictionary, by Richard Burn and John Burn  (1792)

Legal Writing Manuals

Legal writing can be challenging for both novice and experienced writers. Fortunately, scholars produce legal writing guides to help new legal writers know where to begin and help advanced legal writers polish their work.  The Law Library of Congress has several of these manuals in its collection, including:

• Legal Writing: A Systematic Approach, by Diana V. Pratt (2004)

• The Redbook: A Manual on Legal Style, by Bryan A. Garner, Jeff Newman, and Tiger Jackson (2006)

• Legal Writing Handbook: Analysis, Research, and Writing, by Laurel Currie Oates and Anne Enquist (2010)

• Legal Writing in a Nutshell, by Lynn Bahrych (2009)

• Legal Writing in Plain English: A Text With Exercises, by Bryan A. Garner (2001)
  

• Legal Writing, by Richard K. Neumann, Jr., Sheila Simon (2011)

• Legal Reasoning and Legal Writing: Structure, Strategy, and Style, by Richard K. Neumann, Jr. and Kristen Konrad Tiscione (2009, 2013)

• Aspen Handbook for Legal Writers: A Practical Reference, by Deborah E. Bouchoux (2009, 2013)

• Legal Writing: Getting it Right and Getting it Written, by Mary Barnard Ray and Jill J. Ramsfield (2010)

• Writing and Analysis in the Law, by Helene S. Shapo, Marilyn R. Walter, and Elizabeth Fajans (2008)

• Plain English for Lawyers, by Richard C. Wydick (2005)

• Legal Writing and Analysis, by Linda H. Edwards (2011)

• Pleasing the Court: Writing Ethical and Effective Briefs, by Judith D. Fischer (2005, 2011)

• Thinking Like a Writer: A Lawyer’s Guide to Writing and Editing, by Steven V. Armstrong and Timothy P. Terrell (2009)

• Examples and Explanations: Legal Writing, by Terrill Pollman, Judith M. Stinson, Richard K. Neumann, Jr., and Elizabeth Pollman (2011)

Form Books

Form books are another excellent way to get started with the legal drafting process. These books range in both size and scope–they can be a single paperback volume that contains a few general legal forms or a large multi-volume set with a separate index volume. The Law Library has several form books that focus on federal law and practice, such as:

• American Jurisprudence Pleading and Practice Forms Annotated: State and Federal (1956-present)

• Federal Local Court Forms (2002-present)

• Lane’s Goldstein Litigation Forms, by Fred Lane (2011-present)

• O’Connor’s Federal Civil Forms, by Michol O’Connor, ed. (2003-present)

• West’s Federal Forms (1952-present)

• Bender’s Federal Practice Forms, by Louis Frumer and Marvin Waxner (1951-present)

• Manual of Federal Practice Forms, by Richard A. Givens (1999-present)

• Nichols Cyclopedia of Federal Procedure Forms, by Clark A. Nichols (1952-present)

• A Complete Manual of Criminal Forms, by F. Lee Bailey and Kenneth J. Fishman (1993-present)

• Federal Procedure Forms (1975-present)

• Uniform Commercial Code Pleading and Practice Forms, by Stephen Flanagan (1975-present)

• 101 Law Forms for Personal Use, by Ralph Warner and Robin Leonard (2009)

In addition to the federal forms listed above, you can also find state specific forms by browsing our catalog subject headings. To do this, click here to access our catalog, click on “basic search,” highlight “subject browse,” and then search for a subject heading using the following syntax as an example:  Forms (Law)–Kentucky. Click on the subject heading and you can browse the resources included under that heading. Finally, state-specific forms, particularly family law forms, are often found on state court websites. Click on our Guide to Law Online, click on a state, and look under the “judiciary” heading for links to state court websites.

Citation Style Manuals

Putting forth the substance of your argument is only part of the process of legal writing. You also have to use a legal citation style guide to cite authority in support of your arguments. Two popular legal citation manuals are listed below. Be sure to consult the applicable court’s rules of procedure to see which citation style is preferred by your court of concern.

• The Bluebook: A Uniform System of Citation (2010)

• ALWD Citation Manual: A Professional System of Citation, by the Association of Legal Writing Directors and Darby Dickerson (2010)

Rules of Procedure

Finally, if you are submitting a pleading to a court, be sure to check the Federal or State Rules of Procedure, as well as the local court rules to ensure you have complied with their rules governing formatting and legal citation.  For more information about state and local court rules, and to find links to pertinent online legal information, be sure to visit each state’s Guide to Law Online page.

We hope you found this guide helpful. Do you have a favorite resource related to legal drafting? Please let us know in the comments section. If you have any questions, please contact the Law Library of Congress.