Introduction. Features - Plain Language in LawFeatures - Plain Language in Law By Sandeep Dave, Published on November 18, 2002 Printer-Friendly Version Sandeep Dave is a solicitor in Mumbai, India. Working solo since 1995, he specializes in banking, corporate and commercial laws. He maintains the Global Law Review, which has a focus on India law and international resources. He is India representative for Clarity (www.clarity-international.net) and Member, Advisory Board, ALWD Citation Manual (www.alwd.org) S-7A Oricon House, K Dubhash Road, Rampart Row, Mumbai 400023, India Introduction It is difficult for me to communicate in plain English. Why? Because I am a lawyer! My everyday correspondence is peppered with make an application, as you deem fit, in respect of, notwithstanding and hereinafter. Clients (and good ones at that) come with specific mandates. Give your opinion on this area of law. Draft that document. Summarize this commercial arrangement. Speak to our colleagues on ……. Readers delight in legalese and jargon - and jump with joy facing old French, Latin and Roman words. Their ears ring with history and adventure – and they pay handsomely for that momentary journey to the past. Am I serious? No, I am not. Clients abhor legalese. They want lawyers to communicate like ordinary mortals – in plain and understandable language. Tongue in cheek, they repeatedly remind us lawyers to shun jargon. But who cares? After all, we are sentries to a thousand year old heritage. Imagine the plight of thousands of people reading home loan agreements, insurance policies, credit card documents and routine legislation. They cry and plead for some sensibility in legal writing. They revolt. They litigate. BUT NOTHING HAPPENS. On the contrary, some believe that this approach differentiates lawyers – and adds value to their work. What rubbish! I drafted a client-document some years ago. The usual ending (Latin is testimonium) was – “In witness whereof the parties have executed these presents the day and year first hereinabove written” The client cancelled this ending, kept some space for signatures and date, and asked me if this change diluted the legal position. There was lesson enough for me. The burden of history and precedent was ruining my thoughts and ability to communicate. While law school taught me law, it apparently forgot the practical aspects of legal life – language, communication, client skills, management, marketing, competition, technology and profits. What should I do? Now, I am determined to avoid verbal and visual mess. I try to be simple and direct. I focus on the reader and listener. I plan document layout. Most importantly, I think it all through - FIRST. But all this takes time. It is difficult to un-learn years of legal drilling. We have help at hand. Several resources assist me – and will assist you. Here, I share some of them with you. There are books. You don’t need all of them. But do get some. Read them back to back. There is also growing web material. Download some of it. Refer regularly. And let us change the way we communicate as lawyers I summarize some plain language principles – plan, design, organize, write clearly and test the document I also list a plain language vocabulary. Print it, pin it on your board and use the alternatives in everyday communication. Your clients will bless you – with more work. A caveat (I just can’t improve!). I work in English – these resources therefore focus on improving English communication. But similar principles apply to any other language – French, German or Italian. As Bryan Garner says, make your writing clear, concise, down-to-earth, and powerful. >
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