Plain language is clearly understood by clients and co-workers. It cuts out confusion and connects with the reader.
Overly complex communication, on the other hand, detaches the community from our legal system.
That’s why the legal profession is moving towards plain language.
This guide lets you move with it.
Why choose plain language?
It puts your clients first
Clients want to be involved in their own legal process. So they expect you to make sense of the law for them. Others, who already feel intimidated at the prospect of engaging a lawyer, might keep their distance. Plain language bridges this gap. It builds trust and encourages clients to play their part. The more they understand, the more they can help you do your job.
It saves time and money
Complex language causes costly delays. Not only for your clients – but for your firm or organisation too. When you use plain language, your clients and coworkers won’t waste time dealing with confusion. This means improved efficiency, service and satisfaction. As an example, when the Family Court of Australia rewrote its divorce application form in plain language, it enjoyed a 33% drop in related phone enquiries. Meanwhile, 70% of applicants reported that the form was easier to fill in, creating a happier end user.
It’s safe
Ambiguous agreements and documents increase the scope for disputes, complaints and negligence claims against you. Plain language ensures your work clearly reflects your client’s intention or agreement – leaving it less open to interpretation.
It’s inclusive
Our community is culturally and linguistically diverse. By using plain language, we ensure that people of all education levels and backgrounds can access our legal system.
How to use plain language
Plain language is the key to clear communication. Here’s how you can use it, so readers get your message straight away.
Let go of legalese
Perhaps you’re still attached to legalese – the language you learned in law school. These ‘sophisticated’ words might have demonstrated your knowledge in academic assessments. But they have no place in practice. Instead, use words that your readers hear in the real-world.
Instead of |
Write |
Bona fide |
Good faith |
Forthwith |
Immediately |
Hereafter |
After this |
Inter alia |
Among other things |
Shall |
Will |
Thereafter |
After that |
Thereof |
Of it |
Therewith |
With it |
Use simple words
We know – flexing your knowledge with fancy words is tempting. But this makes your message harder to grasp. So use familiar, everyday words to avoid alienating your readers.
Instead of |
Write |
Assist |
Help |
Commence |
Start |
Determine |
Find |
Evident |
Clear |
Following |
After |
Frequently |
Often |
However |
But I |
Identical |
Same |
In proximity to |
Near |
Numerous |
Many |
Requirement |
Need |
Validate |
Confirm |
Quick tip: If you think a big word is necessary, use brackets to clearly explain it. For example: “The easement sterilises your land (i.e. prevents use, development and infrastructure).
Write short sentences
Clients and co-workers alike are quick to look away from long sentences. Aim for under 25 words per sentence to keep readers engaged.
Instead of |
Write |
We have now had the opportunity to review the proposed draft contract for sale and provide the following epitome of the main terms: |
We have reviewed the draft contract. The main terms are: |
We are of the belief that a 30-day notice to remedy should have been served by the landlord prior to exercising a power of sale. |
The landlord should have served a 30-day notice to remedy before exercising a power of sale. |
We observe that your current employment is in violation of your agreement with your previous employer to not work for a competitor in any capacity during the 6-month period immediately after the termination of your previous employment. |
Your current employment breaches the non-compete clause in your contract with your previous employer. |
We will provide you with our legal advice and commence legal proceedings upon receipt of payment in the agreed amount by the agreed date. |
We will start once we receive payment as agreed. |
Use the active voice
Active voice sentences are clearer, more concise and more direct. The passive voice, on the other hand, is less certain and less engaging.
Use the active voice by placing the subject at the start of your sentence.
Instead of |
Write |
The limitation period is stipulated by the agreement. |
The agreement sets out the limitation period. |
Rent will be collected by the landlord every week. |
The landlord will collect rent every week. |
Providing a safe and accessible workplace is the responsibility of the employer. |
The employer is responsible for providing a safe and accessible workplace. |
Flexible working arrangements may be requested by employees. |
Employees may request flexible working arrangements. |
Our invoice has been sent to you. |
We have sent you our invoice. |
Eliminate wordy phrases
Some expressions add fluff to your writing – not value. Here are some ways you can send the same message with fewer words.
Instead of |
Write |
Due to the fact that |
Because |
During the period of |
During |
Has had an effect on |
Influenced |
I am of the belief that |
I believe |
In order to |
To |
In the event that |
If |
In the near future |
Soon |
In the time preceding |
Before |
Is aware of the fact that |
Knows |
Notwithstanding the fact |
Even though |
The majority |
Most |
With the exception of |
Except |
Cut the corporate jargon
Some lawyers think corporate jargon sounds impressive – but it can come off as pretentious and out of touch. These simple alternatives better connect with your reader.
Instead of |
Write |
Advantageous |
Helpful |
Deliverable |
Result |
Finalise |
Finish |
Incentivise |
Encourage |
Leverage |
Gain |
Operational |
Working |
Regarding |
About |
Terminated |
Ended |
Utilise |
Use |
Avoid nominalisations
Nominalisations are words for processes, techniques, or emotions – not actions. They are nouns formed from verbs, often ending in ‘ion’, ‘ment’ and ‘ance’.
Aim to use the verb form instead of the noun form. This will make your writing clearer and more engaging.
Instead of |
Write |
Conduct an assessment |
Assess |
Facilitate the resolution of |
Resolve |
Have a discussion |
Discuss |
Initiate and inquiry |
Inquire |
Make a decision |
Decide |
Make an arrangement |
Arrange |
Organise the provision of |
Provide |
Perform an analysis of |
Analyse |
Place restrictions |
Restrict |
Provide advice to |
Advise |
Reach an agreement |
Agree |
Finessing your formatting
With plain language down pat, finessed formatting is the cherry on top. Clear, consistent formatting makes your writing instantly easier to scan, understand and respond to.
Break it up
Instead of |
Write |
The landlord is entitled to undertake monthly inspections of the property and require the tenant to pay so far as is reasonable for the reparation of any damage caused to the property by the tenant. |
Landlord’s entitlements The landlord is entitled to:
|
Today I will need you to proof and forward my advice to Sarah regarding her mortgage repayments. Then I will need you to brief Joel, the new intern, on the neighbourhood dispute matter we discussed yesterday. After that you can send out invoices to the clients whose matters have finalised. |
Today’s tasks
|
Punctuate with precision
Punctuation breaks up sentences to make your writing more readable. Remember – the full stop is your best friend.
But be careful. Because how you punctuate also dictates the meaning of your message.
Below is an excerpt from the agreement in Canada’s “Million Dollar Comma” case. Here, a wayward comma narrowed the scope of a notice requirement for termination. It meant that the notice requirement only applied after the first five years of the agreement.
Instead of |
Write |
This agreement shall be effective from the date it is made and shall continue in force for a period of five years from the date it is made, and thereafter for successive five-year terms, unless and until terminated by one year prior notice in writing by either party |
|
Final tip: Understand and redraft
Always re-read and edit your writing with the aim of making it clearer. And always consider your audience.
Ask yourself:
Who will be reading or signing the document?
Will they be able to understand the document?
How can I simplify my sentences?
How can I re-order the clauses?
Can I say the same thing with fewer, simpler words?
- Practitioner
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