Legal language, or “legalese”, has long been criticized for its complexity. This complexity makes it difficult for laypeople to grasp the true meaning of legal texts and hampers clear and effective communication between lawyers and clients. Embracing principles of plain language can bridge this gap and enhance clarity, making legal information more accessible and valuable.
What is Plain Language?
Plain language is a writing approach designed to make legal documents clear, straightforward, and understandable. It prioritises its readers. Unlike traditional legalese, which can be laden with jargon, complex sentence structures, and convoluted phrasing, plain language prioritises the reader’s needs. It involves several key practices:
- Simplicity: Plain language avoids unnecessary jargon and complex terms. When technical terms are unavoidable, they are explained clearly.
- Clarity: Sentences are structured in a straightforward manner. Passive voice is minimised in favour of active voice, which is direct and engaging.
- Organisation: Documents are organised logically, with clear headings, bullet points, and concise paragraphs to help readers navigate the content efficiently.
- Accessibility: The language is tailored to the reader’s level of expertise and literacy, making legal information more comprehensible to a broader audience.
Using plain language does not merely simplify text but ensures that documents are user-friendly. This allows readers to easily find, understand, and use the necessary information. In practice, this means that a contract written in plain language will clearly outline the rights and obligations of each party, making it easier for the parties involved to understand their responsibilities.
The International Organization for Standardization (ISO) Plain Language Standard
The ISO 24495-1:2023 standard provides a comprehensive framework for implementing plain language principles. This international standard outlines several governing principles that aim to enhance the readability and effectiveness of documents. They are as follows:
- Relevance: Content should be directly related to the reader’s needs. This means focusing on what the reader needs to know and presenting it in a way that addresses their specific concerns or questions.
- Findability: Information should be easy to locate. This involves using clear headings, subheadings, and an organised structure to help readers quickly find the information they need.
- Understandability: The text should be easy to comprehend. This includes using plain language, avoiding ambiguity, and providing clear explanations for technical or specialised terms.
- Usability: The document should be easy to use. This means ensuring that the information is presented in a way that facilitates its application or implementation by the reader.
Adhering to these principles makes documents more readable and can enhance their overall efficiency. For organisations, this can significantly save time and money by reducing the need for clarifications and revisions. Additionally, well-structured and clear documents can improve compliance and reduce legal disputes by minimising misunderstandings.
About the benefits of plain language
The benefits of plain language in legal practice are extensive and well-documented. Key advantages include:
- Improved Comprehension: Plain language helps readers understand legal documents more efficiently. Studies have shown that when documents are written clearly, readers can better grasp the content and make informed decisions.
- Increased Trust: When legal information is presented in a straightforward manner, it fosters trust between legal professionals and their clients. Clients are more likely to feel confident in their legal representation when they understand the terms of their agreements and their legal rights.
- Enhanced Transparency: Plain language promotes transparency by making legal processes and documents more open and understandable. This can lead to greater accountability and fewer disputes over misinterpretations.
- Greater Efficiency: For organisations, plain language can streamline processes by reducing the need for additional explanations and clarifications. This efficiency can translate into cost savings and improved productivity.
- Better Client Relationships: Clients value clear communication. Lawyers who explain complex issues in plain language will likely build stronger, more positive relationships with their clients, leading to higher satisfaction and retention rates.
Challenges in Legal Contexts
Despite its advantages, implementing plain language in legal documents can present several challenges:
- Complexity of Legal Concepts: Legal concepts can be inherently complex and require precise language to convey their meaning accurately. Simplifying these concepts without losing important nuances can be difficult. It is essential to balance clarity with precision to ensure the legal text remains accurate and effective.
- Resistance to Change: Some legal professionals may be accustomed to traditional legal writing styles and resist adopting plain language practices. Overcoming this resistance requires education and a shift in mindset about the benefits of clear communication. Interestingly, studies conducted by MIT and the University of Chicago demonstrate that even lawyers do not like legalese.
- Maintaining Professionalism: Legal documents must maintain a certain formality and professionalism. It can be challenging to achieve this while also simplifying the language. Striking the right balance is crucial to ensure that documents are professional and accessible.
- Training and Resources: Adopting plain language practices may require additional training and resources. Legal professionals must have the skills and knowledge to implement plain language principles in their work effectively.
- Legal Traditions and Precedents: Some legal traditions and precedents may emphasise specific language and phrasing. Navigating these traditions while incorporating plain language requires careful consideration and, in some cases, adaptation of established practices.
- Specialized knowledge Skillful plain language usage may require specialised knowledge of overlapping subjects, such as user design, psychology and neuroscience, to name a few. However, with the right service provider, you can make your documents easier to understand and navigate, benefitting you and your clients.
Moving forward
Plain language is essential for effective communication in the legal field, not merely a stylistic choice. By prioritizing the reader’s needs and adhering to standards such as those set by the ISO, legal professionals can craft documents that are not only accessible but also build understanding and trust with their clients. Embracing plain language goes beyond improving readability—it fundamentally enhances the effectiveness of legal services.