Plain language presents an idea in the clearest way that the idea will allow. The committee seeks to improve the clarity of legal writing and the public opinion of lawyers by eliminating legalese. This thesis discusses the benefits of using plain language in legal documents and the role. These are the official guidelines for the plain writing act of 2010. The plain writing act of 2010 was signed on october, 2010. These days the meaning of the term has expanded to include the ability to use language, numbers. Writing and testing plain language purpose this tool presents the principles of plain language writing and how to test the grade level at which text is written. The plain writing act requires agencies to use plain writing in every paper or electronic letter, publication, form, notice, or instruction, except regulations.
Ten tips for clearer writing these are recommendations, not rules. Pdf plain language for lawyers download full pdf book. Accessible and witty, legal writing in plain english draws on reallife writing samples that garner has gathered through decades of teaching experience. The a to z guide to legal phrases plain english campaign. Plain language tool kit part of the faa plain language course which would you rather read. For example, when one action follows another as a matter of law, and there is no actor besides the law itself for the second action, a passive sentence may be the best method of expression. We furnish full variation of this book in epub, pdf, djvu, txt, doc forms. Good lawyers use plain english and avoid jargon and legalese. Plain english for lawyers, fifth edition, 2005richard c. Clearer, simpler writing stripped of complexity but not of style will also help to improve your client relations. Mar 20, 2020 the plain writing act of 2010 pdf requires federal agencies to write clear government communication that the public can understand and use.
Good writing is effective communication and a sign of professionalism that enhances your reputation. Tips on generating thoughts, organizing them, and creating outlines. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the books principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. Kaspar gutman sydney greenstreet to sam slade humphrey bogart, proposing a toast, in the maltese falcon. Legal english is defined, the case for plain language use is made, and strategies for clarity in l2 writing are given in the form of an evidencebased checklist. The shift to plain english requires a new style of thinking and writing, whether you work at a company, a law firm, or the u. Most law schools now teach the plain language style in their legal writing courses. Mysterious in form and expression, it is larded with lawlatin and normanfrench, heavily dependent on the past, and unashamedly archaic. A complete guide to clean, precise and understandable legal writing so many books give you advice that turns out to be hollow. Plain language should be easy to read, understand and use. Dod has organized a committee of plain language points of contact from different components and organizations within dod to. Elwell, rp in bad legal writing, editing, judges, legal argument, legal writing, legalese, persuasive writing, plain language, readability.
Many lawyers are now adopting a plain english style. While the act does not cover regulations, two separate executive orders emphasize the need for plain language. Legal language that is plain poses special challenges, but is not impossible. You might also use passive when it doesnt matter who. I believe we need simplelaw and plain legal language is a large part of that.
Because we are all individuals, we will all have our own thoughts on what that. Step by step how to rewrite an existing rule in plain language view more plain writing tools. But unlike other forms of writing, legal writing has its own specific rules and structure that need to. We have to change horrible documents into beautiful documents in plain legal language. Pdf legal writing in plain english text only 1st first edition. The premise behind the plain english movement is that legal documents ought to be plainerand more comprehensible to the average person. About 79% of users scan new pages they come across. Language is the principal tool of the law profession.
Guide to writing in plain language the royal childrens. Plain language is language that is clear and understandable and as simple as the situation allows. Consumers have a better chance of understanding health and scientific content if its written in plain language. But people have objected to the obscurity of lawyers language for many centuries. Comments off on plain english legal writing proof positive that it works. The plain language institute, in vancouver, british columbia, commissioned a survey of 600 residents about legal language. Details here in this course, youll learn how to modernize traditional legal language by applying the general guidelines and practices of plain language, as well as techniques for dealing with legal cliches and technical terms of law. And quite apart from its obscurity, legal writing is impersonal. The specialized language of the legal profession1 language containing an excessive amount of legal terminology or of legal jargon2 the language used by lawyers that is difficult for. The concept of plain language contracts and the benefits from them are hard to argue with. Despite the ageold tradition of poor writing in law, legal writing in plain english shows how legal writers can unshackle themselves. Plain language focuses on ways of writing a text so that it is clear, concise, pertinent, efficient, and flows well for the reader.
We must question whether the documents we are used to writing highlight the important information investors need. Pdf as a lawyer, you spend much of your time writing so why not do it well. We believe that using plain language saves federal agencies time and money and provides better service to the american public. Legalese versus plain language by peter butt legal english has traditionally been a special variety of english. We are pleased to share our 2014 plain writing act compliance report, which details our efforts to comply with the act and, more importantly. Format this tool is written using the principles of plain language. Thats why good writing skills are an essential component of any legal practitioners toolbox. Plain language saves money, increases efficiency, and reduces the need for clarification. But there are still legal phrases that baffle nonlawyers. Traditionally, literacy was the ability to read and write a little bit.
Languagefocused materials for teaching professional legal writing to second language writers of english in u. Garner provides lawyers, judges, paralegals, law students, and legal scholars sound advice and practical tools for improving their written work. Dod plain language washington headquarters services. The plain language action and information network plain community of practice plcop is an interagency group of plain language practitioners from many different federal government agencies and specialties who support the use of clear communication in government writing. Plain language has to do with clear and effective communicationthe language that good writers use when they are determined to be understood. Plain language also known as plain english is a way of writing or presenting information so that readers can understand it quickly and easily. Clear legal writing consequence, example, authority. The assistant editor is george hathaway, chair of the committee. Sound advice on expressing your ideas clearly and powerfully. The real strength in plain language legal writing is how, throughout, stephens provides clear instructions on how to accomplish what shes recommending. Examine the touch points that cause lawyers to resist plain language. Top 10 phrases not to use in a contract a lesson from dr. Writing in plain english and legal writing have the same goal. Its probably fair to say that the modern movement began in the 1970s.
Keep it simple stupid, ie where possible, use short words. The best legal writing relies on sim ple and familiar concepts and wo rds. Pdf legal writing in plain english download full pdf book. Judges, lawyers, legislators and others use words to persuade, inform, advocate and argue. Thirdly, plain language enhances the image of the legal profession, the obscurity of whose traditional language has long been a source of ridicule. Shall is one of those officious and obsolete words that has encumbered legal style writing for many years. The eight plain language rules exercises to illustrate plain language principles when drafting legislation what is legalese. The plain language action and information network plain is a community of federal employees dedicated to the idea that citizens deserve clear communications from government. Writing plain language for law, plnl510 sfu, continuing education, plain language certificate program.
Clearly, it is in your interest to use your letters to create a positive groot and maxwell, legal letter writing, 1994heres to plain language and clear understanding. We developed these guidelines to help you and your agency write clearly, so your users can. Garner online legal writing in plain english text only 1st first. Plain language legal writing by cheryl stephens ebook lulu. Federal plain language guidelines, march 2011, rev. May 03, 2017 drafting legal documents ofrs general style manual for clear and concise legal writing rewriting a short rule. Plain english legal writing proof positive that it works. The justice department is using the federal plain language guidelines pdf in writing any new or substantially revised document that. Notes toward better legal writing state bar of michigan. Dont try to impress people by using your language to show off. Every business wants legal agreements that are easy to understand.
Antiquated words flourish words such as herein, therein. Today more than ever before, legal professionals cannot afford to ignore the trend toward clear language shorn of jargon. The plain writing act of 2010 requires federal agencies to write clearly to ensure the public understands government information and services. The word must is the clearest way to convey to your audience that they have to do something. Plain language is a regular feature of the michigan bar journal, edited by joseph kimble for the state bars plain english committee. Predictably, 64% said they are frustrated when they read legal documents. Also known as clear language, plain language uses a style of writing that is. Explore the underlying culture of legal writing and how plain language practitioners can influence lawyers to update and improve their style. Address separate audiences separately an important part of writing for your audience is addressing separate audiences separately. Wydicks plain english for lawyers now in its fifth edition has been a favorite of law students, legal writing teachers. In a few instances, passive voice may be appropriate. Some plain language references which would you rather read. Plain legal language cheryl stephens, plain language wizardry.