Nnplain language legal writing pdf

Plain language legal writing, by cheryl stephens, is a complete guide to clean, precise and understandable legal writing. Legal drafting in english the big picture on the small print. The way lawyers write has been a source of complaint about lawyers for. The nature and history of english legal language b. Dod plain language washington headquarters services. Legal writing, as it pours out pdf writer windows 95 of thousands of wordprocessors, is overblown yet. Plain language is more than just short words and short sentences although those are often two very important guidelines for plain language. Practical tips for how to make it not so plain 38 jill barton. The premise behind the plain english movement is that legal documents ought to be plainerand more comprehensible to the average person.

She starts with the basics of plain language and why it matters, and immediately delves into the art of thinking, and how your thinking is reflected in your writing. 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. This guide establishes the rules you must use to develop and edit english web content published on the canada. Since legal style clings to archaic words, structures and nonstandard grammar and punctuation, it remains out of step with modern writing. With the secs plain english rules in place, every prospectus will have its cover page, summary, and. Effectiveness of plain language redrafting michael e. The assistant editor is george hathaway, chair of the committee. Have you ever heard anyone object that a piece of legal writing. Since drafting is simply a form of writing used in legal instruments that seek to regulate conduct principally statutes, regulations, wills and contracts, it should come as no surprise that many commentators think that most lawyers draft poorly. Plain language focuses on ways of writing a text so that it is clear, concise, pertinent, efficient, and flows well for the reader. Support for plain writing is growing in the legal professions, which bring us some of our best and most varied examples of plain writing. Legalese definition is the specialized language of the legal profession. Laypeople have often criticized or ridiculed this style of writing, finding it difficult to read and comprehend.

Its a collection of over a thousand common legal terms defined in simple, everyday language. A welldrafted legal text is one that has been carefully written to best serve the reader. Use plain english in legal writing advice given by a judge to lawyers. We developed these guidelines to help you and your agency write clearly, so your users can.

Its probably fair to say that the modern movement began in the 1970s. This is in contrast to plain english, which cheryl stephens, author of plain language legal writing 2008, describes as language that is clear and understandable and as simple as the situation allows. Plain language is the term that has been adopted to refer to writing that has been drafted so that the intended audience can easily read it. Masson and mary anne waldron university of victoria summary the primary motivation behind the advocated use of plain language in legal documents is to increase comprehension among nonexperts. Traditionally, literacy was the ability to read and write a little bit. A lawyers guide to writing plain english, plain language. This eversheds guide to legal drafting in english is not a dictionary, grammar book or academic tome. A text with exercises chicago guides to writing, editing, and publishing 9780226284170. The most effective legal writing is well researched, clearly organized, logically sound, and professional in tone and appearance.

The plain writing act of 2010 was signed on october, 2010. In 2012, 15, and 17, he was named the law schools legal writing teacher of the year. Plain language is writing designed to ensure the reader understands as quickly, easily, and completely as possible. The good news is that more and more companies and lawyers are using plain english and filing documents with the sec that others can study, use, and improve upon. Painter from ohio, united states looks at legal writing from a judges perspective. In 1992, the legal writing institute, an international association of legal writing teachers and other writing experts, adopted this statement of support for plain language legal writing. And if you use fussy, impenetrable language in conversation, you problems are far too deep to be resolved in a writing program. Plain language strives to be easy to read, understand, and use. Plain language also known as plain english is a way of writing or presenting information so that readers can understand it quickly and easily. Writing plain language for law, plnl510 sfu, continuing education, plain language certificate program. We are committed to writing all documents using plain language principles as appropriate. While the act does not cover regulations, three separate executive orders emphasize the need for plain language. Address separate audiences separately an important part of writing for your audience is addressing separate audiences separately.

For example, it may seem like youre talking about two different groups if you write senior citizens first, and the elderly later. They should be able to find the information they need, understand it, and use it. Novice legal writers may feel tempted to use complex words and sentence structures in an attempt to mimic language used frequently in judicial opinions. These are the official guidelines for the plain writing act of 2010. Almost all legal writing experts agree that its better to use must to impose requirements, including contractual. 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 nature of legal language this material may be used for educational or academic purposes if cited or referred to as. In 2011, the texas pattern jury charges plain language project, for which he was the drafting consultant, was a finalist for a clearmark award from the center for plain language. In the spirit of this goal, weve created the plain language legal dictionary. Instead of just telling you to plan what youre going to write, she walks you stepbystep through the planning. The book encourages legal writers to challenge conventions and offers valuable insights into the writing process.

Plain language is a regular feature of the michigan bar journal, edited by joseph kimble for the state bars plain english committee. Plain language in the legal profession plainlanguage. Garner, bryan a, legal writing in plain english, 2001, university. Garner, the mad, mad world of legal writing, garner on language and writing.

Plain language is about writing clearly and effectively for your intended reader. The plain writing act of 2010 pdf requires federal agencies to write clear government communication that the public can understand and use. But there are still legal phrases that baffle nonlawyers. In our programs for practicing lawyers, most of the audience seems. Active voice makes it clear who is supposed to do what. To work on your writing is to improve your analytical skills.

Lawyers have long attempted, without much success, to reform it. The committee seeks to improve the clarity of legal writing and the public opinion of lawyers by eliminating legalese. Proficiency in general english a parts and types of sentences b parts of speech a brief introduction c tenses. Rocket lawyer is committed to making the law simpler, more affordable, and available to everyone.

The real strength in plain language legal writing is how, throughout, stephens provides clear instructions on how to accomplish what shes recommending. Not only does it fulfill the requirements of the legal language and writing courses but also initiates the student to the study of law and the legal profession. Writing is at the heart of the legal profession good writing results from good, disciplined thinking. Step by step how to rewrite an existing rule in plain language view more plain writing tools.

Mysterious in form and expression, it is larded with lawlatin and normanfrench, heavily dependent on the past, and unashamedly archaic. Simply say each sentence aloud to edit for plain english and to cure clutter and grammatical errors. The advice given to american lawyers is also relevant to our. Strategies for clarity in legal writing 31 eunice park plain language. It sets out writing rules that are different from practices adapted to print in order to support the writing principles for canada. The supreme court of ohio commission on professionalism has prepared this list of dos and donts to guide lawyers in their professional writing. Antiquated words flourish words such as herein, therein.

This text provides lawyers, judges, paralegals, law students and legal scholars advice and practical tools for improving their written work. Definition0 legal language is the type of language used by lawyersand other legal professionals in the course of theirwork. Search more than 10,000 legal words and phrases for clear definitions written in plain language. Legalese versus plain language by peter butt legal english has traditionally been a special variety of english. A complete guide to clean, precise and understandable legal writing so many books give you advice that turns out to be hollow. Find what they need understand what they find use what they find to meet their needs. The law requires that federal agencies use clear government communication that the public can understand and use. Legal language and legal writing including proficiency in general english paper code. Passive voice obscures who is responsible for what and is one of the biggest problems with government writing. Neither is it a comprehensive look at aspects of english in a legal context. This traditional style of legal writing is notorious for its unnecessarily complex words, legal jargon, and convoluted sentences that can obscure meaning and create ambiguity. This includes not only those public documents required by the plain writing act of 2010, but our internal documents. Look at faas plain language manual for more guidance.

Legalese, that special dialect of legal language, has a preference for using more than one word where one will do. Drafting legal documents ofrs general style manual for clear and concise legal writing rewriting a short rule. For still other researchers, the major interest resides in the disciplines of psychology, sociology, or anthropology, and language as it operates within the legal system functions as a. The a to z guide to legal phrases plain english campaign. Top 10 phrases not to use in a contract a lesson from dr. By using plain language, we will achieve two objectives. Language on trial will interest anyone who has had experience of the language of the law. This guide does not replace or supersede the law, regulations, or state operations manual som.

May 03, 2017 drafting legal documents ofrs general style manual for clear and concise legal writing rewriting a short rule. The importance of legal language and formatting in forensic. Documents that mix material intended for different audiences may confuse readers. Everything depends on how well the lawyer uses words speaking them, interpreting them, and writing them. A challenge, an ambition, and a method in five steps 24 academia karine nicolay ic clear course almost ready for pilot 28 donna bain butler, ph. The best legal writing relies on sim ple and familiar concepts and wo rds. Drafting legal documents, principles of clear writing. We use cookies to offer you a better experience, personalize content, tailor advertising, provide social media features, and better understand the use of our services. Writing in p lain english and legal writing have the same goal. An easytounderstand guide to the language of law from the dictionary experts at merriamwebster. Pdf as a lawyer, you spend much of your time writing so why not do it well. The coexistence of english and scots legal systems b. The passive voice makes sentences longer and roundabout.

One of the more elusive, and controversial, characteristics of professional writing legal writing included is a writers style. A plain language legal resource library is available at. From 2004 to 2016 he was director of legal writing. As justice clarence thomas once said, the beauty is not to write a five cent idea in a ten dollar sentence but rather. The american bar association passed this resolution advising federal agencies to write regulations in plain language. These days the meaning of the term has expanded to include the ability to use language, numbers. The nature of legal language this material may be used for.

The plain language action and information network develops and maintains the content of this site with support from the general services administration. Accessible and witty, legal writing in p lain english draws on reallife writing samples that garner has gathered through decades of teaching experience. While the focus of much of the discussion about plain. Many legal writers think that phrases such as the following have gained special meaning that represents an improvement over any one word. Consumers have a better chance of understanding health and scientific content if its. Plain legal language cheryl stephens, plain language. Plain language legal writing by cheryl stephens ebook lulu. Guide to effective writing and editing2003, and have taught legal writing programs for lawyers and judges for the past 20 years. The plain english guide to legal writing chrissie maher, plain english campaign on. Support for plainwriting is growing in the legal professions, which bring us some of our best and most varied examples. But people have objected to the obscurity of lawyers language. Garner provides lawyers, judges, paralegals, law students, and legal scholars sound advice and practical tools for improving their written work.

Writing in plain english and legal writing have the same goal. It is understood by the reader the first time around and it is the most effective way to communicate to ensure that the. This construction makes clear to the reader who is to perform the duty. Many lawyers are now adopting a plain english style. The active voice eliminates confusion by forcing you to name the actor in a sentence. Jan 18, 20 what is plain language for one audience may not be plain language for another audience. When you create information in plain language, you also organize it logically for the audience. Languagefocused materials for teaching professional legal writing to second language writers of english in u. These points relate to many facets of attorney writing. The justice department is using the federal plain language guidelines pdf in writing any new or substantially revised document that. Legal language has an unfortunate reputation for many reasons. Passive verbs have a form of the verb to be plus the past. A defense of legal writing richard hylandt legal writing is on the run. Federal plain language guidelines, march 2011, rev.

Introduction legal writing has a bad reputation as overly technical, verbose, and confusing. For others, the law becomes the main ingredient, and language serves as a vehicle for understanding the legal process and the workings of that system. 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. Writing in plain language means using language that is clear, effective and understandable to the reader. Legal writing resources at the unb law library cathy cotter july 2016 with assistance from elizabeth matheson and daniel boyle 1.