Definition (What is plain language?)
Plain language is simple, clear, straightforward, precise, and complete variety of language. It is not a new language with new vocabulary and separate grammar. Rather it is a variety of the same language, which is clear, precise, and straightforward. It is easier to read, understand and act on. Plain language is user-friendly. Plain language is the same thing as "plain English". Some people have adopted other terms such as "clear English" or "user-friendly English". Plain language includes languages other than English. That is to say, there is plain Nepali too. Plain language is efficient since it saves time, effort, and money. Plain language can improve the image of lawyers for it is understandable by their audiences or clients.
Different scholars have defined plain language in their own words, but the idea is the same. Australian Professor Robert Eagleson defines plain English as:
Plain English is clear, straightforward expression, using only as many words as are necessary. It is a language that avoids obscurity (vagueness), inflated vocabulary, and convoluted (complex/difficult) sentence construction. It is not baby talk, nor is it a simplified version of the English language. Writers of plain English let their audience concentrate on the message instead of being distracted by complicated language. They make sure that their audience understands the message easily.
Similarly, Nick Wright defines plain language as “plain language is clear language. It is simple but not simplistic or patronizing”. Using plain language does not necessarily mean everyone’s language must sound the same. There is plenty of personal style in plain language writing, but it must be clear and complete avoiding legal loopholes.
Things to remember:
a. Plain language is not drab (lack of liveliness).
b. Plain language is not a new kind of language with a separate vocabulary. Plain language writing is the practice of writing in a clear and simple style.
c. Plain language is not simplistic (a kind of baby talk). It means plain language is not a kind of baby talk, but it is a variety of language which is straightforward, clear, and precise.
d. William Zinsser points out, of the 701 words in Abraham Lincoln's Second Inaugural Address 505 are words of one syllable and 122 are words of two syllables. This means that the words are simple but precise and clear.
e. Some people believe that ordinary English is beneath a professional dignity and is a bad English. For them traditional legal language is better. But, in fact, ordinary English is not always bad English.
f. Plain language is not rigid but, in fact, one of its advantages is its flexibility; it is flexible.
g. Only an expert can be a plain language writer. It is not possible to become a proficient plain language writer overnight and there is no benchmark that tells you when you have become proficient. Improvement can continue for as long as you continue to write.
What is plain language writing? When does a plain language writer make use of technical terms/jargons?
Writing in plain language is just writing in clear, precise, and straightforward language, keeping the need of the reader foremost in mind. In other words, plain language does not ban all technical terms. When plain language writers decide to use technical word/terms in their writing, they usually do it for one of three reasons:
a. They know the readers will be specialists, who are familiar with the word; or
b. there is no accurate substitute for the word; or
c. The word will be useful shorthand for complicated subject matter that crops up more than just once or twice.
Using technical terms/jargons in the condition mentioned in ‘a’ is okay. But if the reader is not a specialist, the plain language writer should explain the technical word while writing in plain language. The plain language writer continues to use the technical word as a convenient and accurate shorthand for a complex idea, perhaps even reminding the reader where to find the explanation each time the technical term is used.
Plain language writers also avoid using words that are no longer used in everyday speech - even if they are not difficult. The idea of selecting appropriate words always depends on who their readers are and what the purpose of the document is. But as a general rule, plain language writers try to choose words that are most easily understood.
To sum up, lawyers who write in plain language try to put themselves in the readers' shoes. They think about what they are writing and what it will mean to the reader - how the reader will react and how they can help the reader to understand, and act on, what they have written. No one technique defines plain language. Rather, plain language is defined by results—it is easy to read, understand, and use.
The case in favor of plain language:
· Traditionally legal language has been complained about and even ridiculed for centuries.
· Plain language is efficient - it saves time, effort and money and we can measure those efficiencies.
· Plain language is effective - readers generally comprehend plain language documents better and quicker than documents written in traditional legal language, and we can measure those benefits.
· Plain language can give you a competitive edge.
· Many laws already require plain language, or similar standards of readability or comprehensibility.
· Our courts are quite willing to hold that documents are unenforceable because they cannot be understood.
· Plain language can improve the image of lawyers - surveys confirm this.
· Clients want good communication with their lawyers. They know plain language when they see it, and value it highly.
· Traditional legal language may not be as safe as we think it is.
· Using plain language does not mean giving up legal precision. Plain language can be at least as precise as traditional legal language.
Some misconceptions/criticisms of plain language are:
1. Plain language looks only at the words on the page and ignores the other things that make documents difficult to read, use and understand. This is not true because when we draft in plain language, we look at more than just the meaning of the words we are using and how they will be perceived by our readers. We look at how the information is organized and presented. We look at the organization of the words in a sentence, and of the sentences in a document, and the design or layout of the document. Choosing words of everyday speech is one of the techniques of writing in plain language. Besides this, a plain language writer considers other factors that make the document easy to read, understand and act on.
2. Plain language is some new kind of language with a separate vocabulary and separate grammar: Some people think that plain language is a new kind of language with a separate vocabulary. This is not right. Plain language writing is just practice of writing in English, Nepali, Maithili, German, French or whatever else in a clear and simple style. It is an act of simplifying the text or making the language straightforward, clear, and precise.
3. Some people think that plain language sounds drab: plain language is not drab, rather it is lively. It is simple, but not simplistic. It is convincing and pleasant. It is interesting. It is easy to read, use and understand. It is user friendly.
4. Some people think that plain language is like a baby talk: plain language is simple, but it doesn’t mean simplistic. It can be beautiful, elegant, and dramatic. Plain language is straightforward, clear, and precise. By simple, it must not be misunderstood as incomplete and misleading.
5. Some people think that plain language is not dignified enough for lawyers to use in legal documents: It is wrong. Plain language is dignified enough. It makes use of appropriate tone for a formal documents or letters. Its style is not pompous inflated or remote. Its tone is always formal. Only the experts/specialists can use plain language. Michele M Asprey justifies plain language is dignified enough for lawyers by giving examples of judgement of Lord Denning, the opinion of Oliver Wendell Holmes and the will-drafting advice of Justice of the Supreme Court of New South Wales.
6. Some people think that plain language writers use particular mannerisms. For example, using ‘you’ and ‘your’ instead of ‘borrower’ and ‘lender’: It is not right either. That is not requirement of plain language writing. Plain language is not as rigid as that. It is flexible. It leaves spaces for writer’s own style and techniques. There is no hard and fast rule for writing in plain language.
(Note: Lord Denning is one the most celebrated judges of his time. He is well known English judge)
Questions for practice:
(a) "When we draft in plain language, we look at more than just the meaning of the words we are using and how they will be perceived by our readers." Explain this statement critically on the basis of the importance of a well-organized document with its appropriate design and layout.
(b) “Writing in plain language is just writing in clear, straightforward language, with the needs of the reader foremost in mind.” Explain this statement critically dwelling on how Michelle M Asprey defies the criticism against plain language.
(c) Discuss critically how plain language campaigners seek to bring changes in the lexical features of legal language.
(d) Do you agree that plain language movement is aimed at introducing simplified form of English in legal documents? Argue critically.
(e) Argue that plain language movement is an attempt not to create legal loopholes but to make the legal documents user-friendly.
(f) What do you understand by ordinary words used in special way in legal documents? Give examples.
(g) What is the main reason that lawyers fear using plain language words in the legal documents.
(a) How does Michele M. Asprey defend against the criticism that plain language is not dignified?
(Clues: - She gives example of the judgement of Lord Denning, the opinions of Oliver Wendell Holmes and the will-drafting advice of Justice Hutley of the Supreme court of New South Wales – it was in plain language – so was it not dignified enough? – therefore this criticism is not true – but our tone must be appropriate for a formal document or letter, and we should not use the same tone as we would use for a note to a friend about our plans for the next weekend)
(b) Discuss misconceptions and criticisms about plain language. How does Michele M. Asprey defend against each of them?
(c) “Lawyers who write in plain lg try to put themselves in the reader’s shoes.” Explain this statement in reference to the text as presented by Michele M. Asprey. (Clues: - they think about what they are writing – what it will mean to the reader – how the reader will react and how they can help the reader to understand, and act on, what they have written – who are the readers – are they laymen? Are they experts?
(d) State the three reasons that plain language writers make use of uncommon or technical words in their writing.
