it is possible to express legal concepts in plain language
plain language is legally effective and precise
plain language is effective for lawyers and clients
readers prefer plain language
Lawyers depend on language. They earn from it. General grammar rules govern their language use. They think otherwise. Let us see some common principles that lawyers should use -
1. Write in the present tense - and not the future. Law speaks constantly 2. Use active voice - and not passive, unless for a particular reason. The prospectus may be issued by the Company becomes The Company may issue the prospectus 3. Be positive - and not negative! Persons without a passport may becomes Only persons with a passport may 4. Do not nominalize - do not convert verbs into nouns. Instead of Make a statement, write State 5. Shift citations in footnotes - don't clutter flowing text 6. Avoid sexist usage - it is rude 7. Avoid word/numeral doublets - only numerals are enough 8. Avoid all capitals sentences - the text looks crude and hinders reading
Some more principles are -
Secret of plain language drafting
CONSIDER YOUR READER – whether client, opponent lawyer, barrister, judge, corporate official, lay person
One more secret of plain language drafting
TONE, COURTESY AND FORMALITY – adopt them to suit each occasion
Dignified language
AVOID POMPOSITY - no wordy, verbose writing
Do you need to write?
KNOW WHEN NOT TO WRITE AT ALL
Document structure
THINK, PLAN, ORGANIZE – Basic answer first, details and exceptions later
for example, Opinion letter – client query and your opinion, first; the law and citation to follow
for example, Loan and Security document – loan amount, security, interest rate and repayment dates, first; other details to follow
Paragraphs, Sentences
BITE-SIZE CHUNKS – do not write a paragraph with 100 lines and no period or comma (William Zinsser says “There’s not much to be said about the period except that most writers don’t reach it soon enough”, On Writing Well, 1995)
PUNCTUATION – use it sensibly
AVERAGE SENTENCE LENGTH – 15-20 words; note that it is “average” and not “every”. Keep one thought per sentence
SENTENCE STRUCTURE – subject, verb, object.
Schedules, Appendixes, Annexures
USE ANY ONE TERM THROUGHOUT THE DOCUMENT
If it contains primary material – put the schedule at the beginning of the document
for example, in Home Loans, these details form the schedule – names of employer/employee, addresses, job title, period of employment, annual salary, other benefits, desired property
If it contains secondary material – put the schedule at the end of the document, before signature clauses
for example, in Property Sale Agreements, the description of the property forms the schedule
Terms of Art – Legal Words
IS THERE A PLAIN LANGUAGE ALTERNATIVE? If not, use the technical term
FOREIGN AND LATIN WORDS – please do not use them
DEFINITIONS – do not use many of them
Document design
Use serif type styles; with font size of 10-14 points. Justify the text to the left margin and leave it right-ragged. Keep plenty of white space around your text
Use diagrams, tables and charts. Yes, I am talking to lawyers
Use headings, numbering, bullets, highlighting, indexes and table of contents
Avoid underlining or only upper case
Plain Language Vocabulary
Here is an assorted list of problem words and phrases. I suggest you substitute those in the left column with the ones in the right
Bad
Good
Accordingly
So, therefore
Afforded
Given
Aforesaid
Omit
All and singular
All
And/or
And, or, either …… or, both
As a result of
Because of
At this point in time
Now
Bring an action against
Sue
By virtue of
Because of, under
Consequently
So
Contained in
In
Covenant and agree
Agree
The day and year first hereinabove written
State the date
Devise
Give
Enclosed please find
We enclose
Endeavour
Try
Estop
Stop
Et al
And the others, the rest
Expeditiously
Quickly, state a time limit
Fails to
Does not
For and on behalf of
For
Fortwith
Immediately, now, state a time limit
From time to time
Omit
Furnish
Give
He/She/It/They
They (as singular and plural)
Give consideration to
Consider
Grant
Give
Henceforth
From now on
Hereby, hereinafter called, hereunto, howsoever
Omit
Implement
Carry out, fulfill
In respect of
About, for, as to
Instrument
Document
In the event of
If
Last will and testament
Will
Make an application
Apply
Make payment
Pay
Means and includes
Means, includes
Nothing in this clause
This clause does not
Not less than
At least
Not more than
At most
Notwithstanding
Even if
Now therefore this agreement witnesseth
Omit
Null void and of no effect
Of no effect
Party of the first part/Party of the other part
Use client names
Prior to
Before
Provided that
But, if
Pursuant to
Under, according to
Request
Ask
Shall (future)
Will
Shall (imperative)
Must
Subsequent to
After
Terms and conditions
Terms
Until such time as
Until
Whatsoever, wheresoever, whosoever
Omit
With the result that
So that
Jettison words and phrases on the left and use those on the right.
Bad
Good
Ab initio
From the start
Amicus curiae
Friend of the court
A priori
From assumed principles
Bona fide
Good faith, genuine, honest
Chattels
Goods
Et al
And the others, the rest
Et seq
And those following
In personam
Personal, personally
Inter alia
Among other things
Inter se
Among themselves
Mens rea
State of mind
Mutatis mutandis
With necessary changes
Obiter dictum
Part of the judgment not essential to case decision
Prima facie
At first glance
Res ipsa loquitor
It speaks for itself
Sui generic
The only one of its kind
Sui juris
Of full legal capacity
To wit
Namely
Uberrimae fide
Utmost good faith
Do not use several words when some will do (Robert Dick describes this as killing one bird with three stones, Legal Drafting in Plain Language, 1995)
Bad
Good
Alienate transfer and convey
Transfer
Due and payable
Due
Each and every
Every
Fit and proper
Proper
Free and clear
Free
From and after
From
Give devise and bequeath
Give
Goods and chattels
Goods
Have and hold
Have
Had and received
Received
Indemnify and hold harmless
Indemnify
Keep and maintain
Maintain
Null void and of no effect
Of no effect
Rest residue and remainder
Rest, balance
Remise release and quitclaim
Release
Save and except
Except
Will and testament
Will
Many law firms, consulting agencies and commercial institutions realize the benefits of using plain language - and draft documents, correspondence and pleadings keeping the reader in mind
