Legal Language Simplification

Around the same time, some of the legislative drafting offices in Australia began to move forward on the front lines of plain language. Some of them have done wonderful things, as we will see later in this article. Creating plain language documents is an upcoming plan for new legal requirements, such as consumer finance document laws. Simple language guidelines and design practices can keep you from rushing or panicking later. It is also useful for the following reasons: DR. SUSAN KLEIMANN AND MELODEE MERCER Changing a Bureaucracy – One Paragraph at a Time CLARITY No. 43, p. 26 (May 1999). DR. ANNETTA CHEEK Plain text in the U.S. Federal Government, CLARITY No. 44, December 19 (December 1999).

JOANNE LOCKE How the U.S. Federal Government Convinces Employees to Switch to Plain Language, CLARITY No. 45 at 13 (December 2000). Using a traditional legal style is what lawyers learn and what they know. Avocados who have been in the industry for a while are reluctant to leave their comfort zone with a new style because it`s both difficult and time-consuming. After that, a simpler and shorter document in the initial phase could mean more work for lawyers. However, while traditional lawyers are reluctant to make the switch, newcomers should be encouraged to adopt a simple legal style. It is therefore desirable to use simple language, but how is this done? These seven steps are all you need to do to write effectively: Many of these people are passionate about their work. The fact that most of them believe and are motivated in it becomes clear in the discussion of PLAIN`s plain language list service(4). Many of the contributors to this list seem to work in the realm of plain language, and their discussions are often about advancing the cause, attracting converts, getting the word out. Aside from government documents, legal writing can be one of the most complicated and obscure languages the average person can understand. Some say lawyers want it that way – that it ensures they have work – but what if it`s not true? What if the truth was that most lawyers are simply not good writers? How to simplify the drafting of legal content to facilitate understanding? Thus, the client loses confidence in the whole process, in the lawyer and in his own ability to function effectively in legal situations.

By using simple language, you reduce your customers` frustration and increase their trust and relationship with you. This will boost your own confidence. Mallions Stephen Jaques and Phillips Fox have been working on the front lines of plain language since the early 1990s. At that time, they were innovating. Now, many other Australian law firms are active in terms of plain language – all would claim to at least write in plain language. Let`s take the example of the client who has graduated from high school or is fluent in English. Low literacy is not just a problem for immigrants or for people whose first language is not English. Most people with low literacy were born here or have English as their mother tongue. Low literacy is also a problem for older people or young people who leave school early or who have suffered poverty, discrimination, abuse or developmental disabilities in childhood. Low literacy may be invisible. The use of plain English in contracts will not threaten the legal profession.

The aim is to improve the lives of lawyers, clients and third parties in order to improve understanding of each other`s conditions and obligations. In addition, given the increase in international trade, it is essential that contracts are understood across borders. Language simplification would reduce the unnecessary complexity that legal language brings to people who do not speak English as their first language. When I mentioned this to some lawyers working in municipal legal centres in Namibia, they were delighted (I`m not exaggerating) at the idea that laws could be written this way. New South Wales is not the only country to use question headers in legislation, but so is Sweden. (40) The increasing use of graphic devices and examples is another interesting development in the drafting of legislation. (41) More recently, proponents of plain language have emphasized the benefits that plain language can bring to the people the movement was trying to convert – key decision-makers in business and government. Overall, key decision makers are more interested in the economic benefits of plain language: improved efficiency, effectiveness and client satisfaction. (7) Second, I suggest that to further leverage the success of plain language, we need to help key business and government decision-makers see plain language in a new light. People outside the plain language world who view plain language as a movement usually have a closely related misconception, which is that plain language is only relevant when it comes to writing to «retail consumers» – the proverbial «moms and dads.» When planning a legal writing project, it`s helpful to first think about your own goal in writing. Ask yourself the following questions: In Australia, clients began demanding plain language documents as soon as the legal profession fell silent in its debate with the plain language movement (as it was!) about the incompatibility of clarity on the one hand with accuracy, security and precision on the other.

This debate was conducted in plain language by the Victoria Law Reform Commission under the leadership of its Chair, David St. L. Kelly. Plain language is no longer a movement. The legal profession has known this for some time. In the minds of key decision-makers in business and government, however, plain language is too often still perceived as a movement. We need to address this by repositioning the plain language in the minds of these decision-makers. It`s worth it, because these people are responsible for ensuring that simple language can be implemented – and simple language has benefits for everyone.

To illustrate this point in the language of McKinsey & Company (quoted above), the reader is fully informed of whether the document – a key aspect of the company`s conduct and service – «agrees» with the company`s claims about itself. If the document does not do justice to the mark, the company`s trademark will be damaged. However, if the document and brand are aligned, the moment the document is read is a moment of brand improvement: the customer is likely to feel happier using the company, paying the bill, coming back next time, and referring other customers to the company. Polls in Michigan, Florida and Louisiana show that when judges (and lawyers) are shown two versions of a document, one in a traditional style and one in plain language, more than 80% prefer the plain language version. (26) Progress in plain language is therefore hampered by two closely related misunderstandings: The fact that these 2 views are misunderstandings becomes clear when considering what is happening on the plain language front in business. Most importantly, plain language allows people to visualize themselves as subjects of the law and to imagine themselves in the circumstances that the law addresses. This ability to situate or imagine oneself in the law is an important difference between a judicial system and a regime of forced order. (39) Plain language legal drafting refers to legal drafting that is well thought out, well organised and understandable to the client without interpretation: the language is clear, the legal terms are explained and the technical terms are defined. Whether you call such writing the opposite of gibberish or legalese, or just sloppy work, you know it when you see it. In too many organizations, important writing tasks are left to someone with other core skills – for example. Legal, marketing or customer service skills. Plain text can also be seen positively, for some organizations is plain text: the order was then presented to the digital services business managers.

It was well received, to say the least.