Ebook Writing to Win: The Legal Writer, by Steven D. Stark
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Writing to Win: The Legal Writer, by Steven D. Stark
Ebook Writing to Win: The Legal Writer, by Steven D. Stark
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About the Author
Steven D. Stark is a former cultural commentator for CNN, National Public Radio, and the Voice of America. He has written frequently for the New York Times, the Los Angeles Times, the Atlantic Monthly, and both the Boston Globe where he was an op-ed columnist and the Montreal Gazette where he was a world sports columnist. A former Lecturer on Law at Harvard Law School, he is a graduate of Harvard College and Yale Law School. His website is at www.starkwriting.com
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Excerpt. © Reprinted by permission. All rights reserved.
Introduction to the New EditionGood writing is timeless. Except, of course, when it’s not.Periodically over the last ten years, I thought about revising my original book on legal and professional writing—Writing to Win: The Legal Writer. But as egocentric as it might seem, for a while I never found much I would change. Sure, some of the references marked the book as a product of a slightly earlier time—the references to the O. J. Simpson trial, Kenneth Starr, or “vice-president Al Gore.” But for the most part, the book seemed to illustrate the maxim that the principles of good writing don’t change all that much over time. A good brief in 1965—much less in the late 1990s when the book was written—is still a good brief today. Ditto for complaint writing, contracts, and even judicial opinions.And yet: In a variety of ways, writing in many parts of the legal and business worlds has changed more since that book was written about a decade ago than in any comparable period over the last five centuries. “We shape our tools and then our tools shape us,” wrote the media theorist Marshall McLuhan a generation ago. Technological changes transform not only the methods of communication but their style as well. The invention of the printing press centuries ago not only altered the dissemination of information in Western cultures, it changed the way people spoke and the way they wrote—and there were constant complaints about it then, just like now.In our time, of course, the recent development of computers, the Internet, and then smart phones (and all their manifestations, such as the iPad) has begun to do much the same thing. It’s undeniable that writing within the office and for clients is dramatically different than it was a decade ago. Whether we recognize it or not, that means that legal analysis and the ways we approach business problems have shifted as well.These revolutionary changes are one of the subjects of this new edition of the book. In part, that makes this volume a primer on how to communicate successfully in this brave new world. Writing effective e-mails and shorter memos are skills very much at odds with the tools we acquire in school—where the goal is usually to be expansive and detailed as we display our knowledge in all its minutiae. These new forms of communication are also very different from the written and oral tools one needed to master to be a good lawyer or executive, circa 1990 and before.Yet it’s not just these new forms one needs to master. Litigation and contract writing may not have begun to change much since the rise of e-culture. But they will, since it is inevitable that these documents will also be read differently as the years pass, as will even judicial opinions. Some courts now require e-filings. Justices Antonin Scalia and Elena Kagan read briefs on either an iPad or a Kindle, and they will soon be joined by many others.It means, too, that a lawyer’s role and habits of mind will change as they have begun to do already. If the Internet, Twitter, and Facebook are altering the way we do our jobs and how well we do them, they’re changing the way we think as well. It was Professor Kingsfield in The Paper Chase who kept dwelling on the importance of “thinking like a lawyer.” How that’s changed at the beginning of the twenty-first century because of these technological shifts is the subject of this new edition too.Perhaps unsurprisingly, this new focus reinforces many of the fundamental principles that writing teachers and books (including my previous volume) have been stressing for decades—use strong verbs or be concise—though the rationales for doing so have changed somewhat. Yet other suggestions are novel, as one might expect at the dawn of a new epoch.This updated edition also has an increased spotlight on creative writing as it relates to the presentation of facts and argument, as well as a new section on how affidavits need to be better drafted so that they reflect the true voice of the person they are supposed to represent. And, throughout the text, there are new ideas and examples of both what to do and avoid.There is an old Chinese curse: May you live in interesting times. Whether it’s a curse or not, we live in just such an era. So let’s begin to figure out how to adapt—the sooner the better.
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Product details
Paperback: 320 pages
Publisher: Three Rivers Press; Revised ed. edition (April 24, 2012)
Language: English
ISBN-10: 0307888711
ISBN-13: 978-0307888716
Product Dimensions:
5.2 x 0.7 x 8 inches
Shipping Weight: 8.8 ounces (View shipping rates and policies)
Average Customer Review:
4.6 out of 5 stars
38 customer reviews
Amazon Best Sellers Rank:
#184,830 in Books (See Top 100 in Books)
"Remember that most writing difficulties are organizational difficulties." This is one of the opening statements in the main text of the book, and how true that is!Many of the suggestions in this book are well known to professional writers, whether lawyers, planners, analysts or military staff officers, such as to start by writing your conclusions. However, the author puts them all together in a concise and fresh package. It is useful even if one has learnt these things to be reminded of them.Some of the text is specific to lawyers, such as "Six elements to remember when composing affidavits". You do not have to know what an affidthingumany is to find this useful if you ever have to take notes in a meeting.Some of the advice may be a matter of opinion, such as to write in always in the second person rather than the third, because this "makes prose easier for a reader to absorb." But whether or not you agree with this postmodern style, such sweeping statements don't affect the value of this book to you. (Of course there are other readers who find that being told how they think and feel makes prose harder to absorb, but there you go. And we shall not put too much effort into pointing out that the author did not write "makes prose easier for you to absorb.")In short, money well spent, and it's already helped me improve my writing today of a training film script."EPICTETUS"
This is one of my top five favorite books on legal writing, and it’s a must read for attorneys. Stark brings a style to his writing that is refreshingly conversational and informal. Unlike Garner, he frequently interjects humor into his writing, and this book is littered with anecdotes that may not be directly on point, but are fun to read nonetheless. His writing is crisp and it make the book easy to read. You will move through the 300 pages quickly, and enjoy nearly all of it.I wanted to keep this review brief. For a more in-depth review, check out my review of it at Attorney Words dot com.
I am a newly minted attorney and I loved this book. Just the right amount of humor and examples to keep me interested.He also includes a good amount of information that could be applied relatively quickly to my writing.Definitely a good read, and short enough to breeze through quickly.5 stars.
Steven Stark's intended audience is lawyers and he attempts to lead them away from the pompous, bloated and overstuffed writing habits inculcated in the legal profession for centuries. Not being a lawyer, I can't authoritatively state whether Stark's book is helpful or not to lawyers who write poorly - but I can state with assurance that any attorney who misses Stark's point is dense, if not stupid. Stark's advice is not news to any technical, business or copy writer whose job is to evoke a specific and immediate response from their audience. Mail order copywriters (today called "direct response")have known for more than a century that they had but one fleeting chance to capture the attention of their intended audience and then had to keep it through the sheer power and - yes - artistry of their writing. If you compare the points Stark makes with those of the great ad copywriters Caples, Kennedy and Schwab, you'll see they are almost identical. Stark's adaptation of these points of effective writing is often amusing and to the layperson and definitely instructive. In fact, I would suggest this book to businesspeople who retain lawyers as a way to judge their effectiveness. After all, if your lawyer can't write a document you can understand, how do you expect them to write one that will convince a judge? One example of Stark's approach is his instruction that "[b]efore you begin writing, ask yourself "What's the big idea?". This is no different than advertising great Rosser Reeve's pushing marketers to find the USP - the Unique Selling Proposition. And, in fact, I had to laugh because that thought struck me as soon as I read Stark's line quoted above - and in the following line, Stark cites Rosser Reeves and the USP. I could go on for a long time praising this book. It is an insight into legal thinking, good and bad. It is a book on effective argumentation in any area. It is a book about writing well and convincingly. Laywer or layperson, if you'd like to make your writing more effective in terms of persuading people to adopt your ideas, this is an excellent book and a thoroughly enjoyable read.Jerry
This was a very useful book. I found it to be geared more for young lawyers, as the advice is often simple and easy to follow. That being said, this is the book I would recommend for all young litigators at my firm. There is great advice in the book for lawyers of all ages.
Geared towards legal documents, the principles can be applied to many forms of persuasive writing. The format is easy to read and broken down into subjects, so you can quickly turn to an area you nee to focus on, read it, then put the information to immediate use.
This book lays out in a step by step, well written way how to write clearly and so you'll be easily understood while not sacrificing quality of work. It's a must read for paralegals looking to improve their writing skills.
I enjoyed reading this and got a lot from it. For me the price was reasonable and it was well worth what I paid for it. Yes I recommend it.
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