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To this day, many lawyers and academics deride the notion of “plain English” as a threat to the laywer’s vaunted precision. Precision? Only in legal documents do you find passages like: |
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The masculine shall include the feminine, the singular shall include the plural, and the present tense shall include the past and future tenses. |
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To learn more about the battle between Plain and Precise, check out the POFP blog. And when you’ve come to your senses, here are some tips for plain English: |
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- Write the way you speak. Don't think that making your document sound overly formal will make it more "official." It won't.
- Don't load up the document with stuff the reader doesn't need to know (like starting a contract with "Whereas this . . . and Whereas that, and so on - just get to the point).
- Use personal pronouns: I, you, we. Instead of "The Company will assess additional monies due to late performance by the Consumer," try "We will assess you additional monies due to your late performance." Or better yet, "We will charge you a late fee."
- Use a table of contents for long documents.
- Use eye-friendly fonts, and ample white space between text blocks.
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- Use short sections, or subdivide longer ones.
- Order the parts in a logical sequence.
- Use headings and other "signposts" for the reader.
- Keep sentences as short as possible.
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- Use strong verbs to describe actions. Don't say "The parties entered into an agreement" when you can say "the parties agreed." Don't make Mr. Jones "bring a lawsuit against Mr. Smith" when Mr. Jones can just "sue Mr. Smith."
- Prefer active verbs to passive. Instead of "The Consumer will be charged an assessment due to late performance," try "The Company will charge the Consumer an assessment." Or better yet, "We will charge you a late fee."
- Try to stick to the classic subject-verb-object order of the sentence. Say "The Seller must deliver the goods as specified in this Contract," not "Due performance of this Contract shall include the specified delivery by the Seller of the goods as specified in the Contract."
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- Use everyday words. Your client is not in a state penal institution, he's in prison. You have not affixed your signature hereto, you've signed below.
- Cut out the legal jargon, unless absolutely necessary. See the chart below for alternatives to legal mumbo-jumbo.
- Do not fail to avoid multiple negatives.
- You can begin a sentence with "but" or "and" when it helps the reader. But don't overdo it.
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- Whenever possible, try your document out on a group of typical users, get their reaction, and revise accordingly.
- If you can't find a focus group, try analyzing your document using one of the standard readability tests, like the Flesch Reading Ease Test. The Online Utility organization offers a free web-based tool for testing the readability of documents.
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(Sources: Language on Trial, Plain English Campaign (Robson Books, 1996); Lifting the Fog of Legalese by Joseph Kimble (Carolina Academic Press, 2006); A Plain English Handbook: How to Create Clear SEC Disclosure Documents, Securities and Exchange Commission (1998)). |
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