Okay, let's break down plain language legal writing. It's about making legal documents clear, concise, and accessible to the intended audience, whether they are lawyers, judges, clients, or the general public.

What is Plain Language Legal Writing?

It's a style of writing that prioritizes understanding. Instead of relying on archaic language, complex jargon, and convoluted sentence structures, plain language aims to communicate legal information in a way that the reader can easily:

• Find what they need: The information is structured logically and easy to navigate.


• Understand it the first time they read it: The language is clear, concise, and avoids unnecessary jargon.


• Use it to make informed decisions: The information is presented in a way that empowers the reader to act.

• Increased Understanding: Reduces confusion and misunderstandings, leading to fewer disputes and errors.


• Improved Compliance: When people understand the law, they are more likely to comply with it.


• Enhanced Access to Justice: Makes legal information accessible to everyone, regardless of their background or education level.


• Better Client Relationships: Clients appreciate lawyers who can communicate clearly and avoid jargon.


• More Efficient Legal Processes: Clear communication reduces the need for clarification and interpretation, saving time and resources.


• Ethical Considerations: Lawyers have an ethical duty to communicate effectively with their clients. Plain language supports this obligation.


• Judicial Efficiency: Judges and court staff can more easily grasp legal arguments and rulings presented in plain language.


• Positive Public Perception of the Legal Profession: Improves public perception of lawyers and the legal system by fostering transparency and understanding.

• Know Your Audience: Who are you writing for? What is their level of legal knowledge? Tailor your language and content to their needs.


• Use Clear and Simple Language:


• Avoid Jargon: Replace legal jargon and technical terms with everyday language. If jargon is necessary, define it clearly.


• Use Active Voice: Active voice makes it clear who is doing what (e.g., "The plaintiff filed a lawsuit" instead of "A lawsuit was filed by the plaintiff").


• Use Strong Verbs: Choose strong, direct verbs to make your writing more concise and impactful.


• Avoid Nominalizations: Turn nouns back into verbs (e.g., "The court decided" instead of "The court made a decision").


• Avoid Double Negatives: They can be confusing and difficult to understand.


• Define Terms: If you must use technical terms, define them clearly and consistently.


• Use Specific and Concrete Language: Avoid vague or abstract terms.


• Write Short and Concise Sentences:


• Keep sentences under 25 words: Shorter sentences are easier to understand.


• Focus on one idea per sentence: Avoid cramming too much information into a single sentence.


• Avoid unnecessary words and phrases: Cut out any words that don't add value to the sentence.


• Organize Information Logically:


• Use Headings and Subheadings: Break up the text into manageable sections and use headings to guide the reader.


• Use Bullet Points and Numbered Lists: Present information in a clear and organized manner.


• Use a Logical Flow: Present information in a logical order that makes sense to the reader.


• Start with the main point: Use topic sentences to introduce each paragraph.


• Use Visual Aids:


• Tables and Charts: Use tables and charts to present data in a clear and concise manner.


• Diagrams and Illustrations: Use diagrams and illustrations to explain complex concepts.


• White Space: Use white space to make the document easier to read.


• Design for Readability:


• Use a Readable Font: Choose a font that is easy to read (e.g., Arial, Times New Roman).


• Use a Large Font Size: Use a font size that is comfortable to read (e.g., 12-point).


• Use Sufficient Margins: Provide sufficient margins to make the document easier to read.


• Use Good Paper Quality: Print documents on good quality paper.


• Test Your Writing:


• Ask someone unfamiliar with the topic to read it: Get feedback from someone who is not a lawyer.


• Use a readability checker: Readability checkers can help you assess the reading level of your writing. (Examples: Flesch-Kincaid, Gunning Fog Index)


• Revise and edit based on feedback: Make changes to your writing based on the feedback you receive.

Let's take a look at some examples of how to rewrite legal language in plain language:

Original (Legalese):

"Pursuant to the terms and conditions outlined herein, the party of the first part shall be liable for any and all damages, whether direct, indirect, incidental, or consequential, arising out of the use or misuse of the aforementioned product, irrespective of whether such use or misuse was foreseeable or unforeseeable, and notwithstanding any contributory negligence on the part of the party of the second part."

Plain Language Rewrite:

"Under this agreement, you are responsible for all damages resulting from the use or misuse of the product, even if the damages are not direct, or if you were partly at fault. This applies whether or not the use or misuse could have been predicted."

Original (Legalese):

"The lessee shall indemnify and hold harmless the lessor from and against any and all claims, demands, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorneys' fees and court costs, arising out of or in connection with the use, operation, or maintenance of the leased premises."

Plain Language Rewrite:

"You (the lessee) agree to protect us (the lessor) from any claims, lawsuits, costs, expenses, damages, and liabilities related to your use of the property. This includes attorney's fees and court costs."

Original (Legalese):

"Notwithstanding anything to the contrary contained herein, the parties agree that time is of the essence with respect to all obligations hereunder."

Plain Language Rewrite:

"It is critical that all deadlines in this agreement are met on time." (Or, more directly: "Deadlines in this agreement are strict.")

Original (Legalese):

"The defendant's motion to dismiss is hereby denied."

Plain Language Rewrite:

"The judge has rejected the defendant's request to dismiss the case."

Tools and Resources:

• Readability Checkers: Online tools like the Flesch-Kincaid Reading Ease and the Gunning Fog Index can help you assess the readability of your writing. Microsoft Word and other word processors often have built-in readability statistics.


• Plain Language.gov: A U.S. government website with resources and guidelines on plain language.


• Style Guides: Consider using a style guide specifically designed for legal writing, such as The Redbook: A Manual on Legal Style.


• Legal Dictionaries and Thesauruses: Use these resources to find plain language alternatives to legal jargon.


• Workshops and Training: Many organizations offer workshops and training on plain language legal writing.


• Examples of Good Plain Language Documents: Seek out examples of well-written legal documents in plain language, such as consumer contracts or government regulations.

• Using Jargon Without Explanation: Assuming your audience understands legal terms.


• Writing Overly Long Sentences: Creating sentences that are difficult to follow.


• Using Passive Voice Excessively: Making your writing sound vague and indirect.


• Using Double Negatives: Confusing the reader with statements that negate themselves.


• Failing to Organize Information Logically: Presenting information in a disorganized or confusing manner.


• Using Archaic Language: Using outdated words and phrases that are no longer in common use.


• Being Afraid to "Dumb Down" the Language: Remember, clarity is more important than sounding intelligent. The goal is to be understood.