Plain language use ranges from new plain language legislation to revised high school report cards. Clearer, simpler writing stripped of complexity but not of. Find useful writing tips and fresh points of view from todays plain language innovators. As gove indicates, any ambiguities in the scope of plain language contracts will likely be construed against the drafting party. Youll learn about his path to plain legal language and why plain language is important in law. Our plain language courses and certificate program will allow you to develop your skills in this critical communication area and apply them immediately to any work setting. A plain language guide to the nunavut land claims agreement samples from a 300page agreement reduced to 66 pages of text with 22 pages of nunavut art that connects the culture to the text standard terms of construction contract for renovation and small projects selected pages from a 2015 model contract from malaysia. Founders and senior managers will find that the information provided, though it deals with complex issues, avails the reader of the right questions and considerations to be thinking through. Plain language labelling regulations come into force for nonprescription drugs june, 2017 ottawa, on health canada ottawa canadians use nonprescription drug products to treat a wide range of concerns, such as fevers, wounds, headaches or joint pain. The plain language movement in australia has been with us for decades. It appears alongside david mellinkoffs book the language of the law from 1963, richard wydicks book plain english for lawyers from 1979, rudloph.
More essays on plain language carolina academic press 2017. Clarity is a worldwide network of professionals who are committed to promoting plain legal language. And we will continue developing our plain language guidelines so that the english versions of our laws can speak to our times. This new celebration is planned to coincide with the first anniversary of the plain writing act, public law 111274, enacted october, 2010. The law in plain english for nonprofit organizations book. They learn it by osmosis in law school, and the lesson is fortified in law practice. Plain language strives to be easy to read, understand, and use. Legal usage a modern style guide lexisnexis canada store. A clear and easytouse guide for legal wrters in common law countries. Wydicks little book has been a favorite of law students, legal writing teachers, lawyers, and judges for over 25 years. Plain language is writing designed to ensure the reader understands as quickly, easily, and completely as possible. Advertising and marketing law in canada, 6th edition this new edition covers the latest hot topics in advertising and marketing law in canada.
Antiquated words flourish words such as herein, therein. Perrin t, better writing for lawyers law society of upper canada, 1990. The goal is nothing more modest than the rationalization of the language of the law. The case for plain language in business, government, and law carolina academic press 2012.
Last january, the legal writing institute gave wydick its golden pen award for having written plain english for lawyers. Republication of proposed iiroc dealer member plain language rule book rule 1. The law in plain english for nonprofit organizations. Plain language is progressing in canada through the efforts of government, business, volunteer advocates, and professional consultants. As a result, it is critical that counsel retained to draft a contract take steps to ensure that foreseeable contingencies are clearly and unreservedly accounted for in the express terms of the contract. Mysterious in form and expression, it is larded with lawlatin and normanfrench, heavily dependent on the past, and unashamedly archaic. Canadian bar association plain language legal writing. More importantly, however, the book provides the necessary guidance to achieve plainlanguage in insurance contracts. In 2003 wydick retired after 32 years on the law faculty of the university of california, davis. It includes international references, contains practical advice, and can be read and enjoyed by anyone who is interested in plain language in the law. However, it happens on a projectbyproject basis and does not include all communications. But still too many lawyers donaaca t write in language that clients plain language for lawyers.
The federal plain writing act and the federal plain language guidelines only appeared in 2010. Thus, there are languages of individual countries, or languages of different professions, such as the language of the law. The plain language action and information network plain is a community of federal employees dedicated to the idea that citizens deserve clear communications from government. Plain language legal writing by cheryl stephens ebook lulu. Advertising and marketing law in canada, 6th edition. Over the 18 years it has been in print and it has established itself in australia and overseas as a comprehensive, entertaining and enormously useful text. Style guides for legal writing are rare especially for lawyers and law students in. The law in plain english for nonprofit organizations is a very good read for organizations that are about to start up or are in the emerging phase.
Plain language use by governments in canada is increasing. Republication of proposed iiroc dealer member plain language rule book. In canada, although plain language was not required by legislation, some businesses began to see merit in simpler language and one lender attracted considerable attention. Jun, 2017 plain language labelling regulations come into force for nonprescription drugs june, 2017 ottawa, on health canada ottawa canadians use nonprescription drug products to treat a wide range of concerns, such as fevers, wounds, headaches or joint pain. A complete guide to clean, precise and understandable legal writing so many books give you advice that turns out to be hollow. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a humanlike language. Alwd guide to legal citation aspen coursebook series. Other terms relating to a specific provision may be defined in a. There are a variety of books, articles, videos, and journals that provide different perspectives on the value of plain language in areas as diverse as science, government regulation, and law. In general, a legal language is a formalized language based on logic rules which differs from the ordinary natural language in vocabulary, morphology, syntax, and semantics, as well as other linguistic features, aimed to achieve consistency, validity, completeness and soundness, while keeping the benefits of a.
Health care is a another prime example how we write can directly impact a patients health. Surely noone can argue that the acts of parliament that regulate us ought to be incomprehensible. As part of a project to rewrite the iiroc dealer member rules in plain language, the following current. Surely noone can argue that the laws that bind us ought to be obscure. In many countries, laws mandate that public agencies use plain language to increase access to programs and services. Read more about expert evidence in criminal law 2e. Legal research and writing legal writing ted tjaden. Law law canada language law legal writing law canada language law canada language legal composition literary criticism general export citation bibtex endnote refman. New v provinces include provinces and territories of canada. The idea that lawyers can and should write in plain language is not new. Clearer, simpler writing stripped of complexity but not of style will also help to improve your client relations. Its an area of special challenge for plain language writers and editors.
The book is organised alphabetically by word, phrase and subject matter, with. Plain language association international plain is the international association for plain language supporters and practitioners around the world. In many cases, american states passed plain language acts regulating the wording of certain contracts e. Complicated language occasionally proves unavoidable.
Literacy and access to administrative justice in canada. The case for plain language in business, government, and law, joseph kimble cites a number of them. A guide to using clearer language, peter butt and richard castle, 2001. A plainlanguage handbook for legal writers, 2nd edition. Books law journals cle papers encyclopedias case digests reference tools law blogs news. Perhaps no single work has done more to improve the writing of lawyers and law students and to promote the modern trend toward a clear, plain style of legal writing. We believe that using plain language saves federal agencies time and money and provides better service to the american public. Doublespeak 1989, the new doublespeak 1996, and doublespeak defined, by william d. Irwin law the best in canadian law books, bar none. Nov 18, 2002 plain english and the law, law reform commission of victoria, 1990 10.
Lutz, who formerly taught english at rutgers university. May, 2020 the plain language action and information network plain is a community of federal employees dedicated to the idea that citizens deserve clear communications from government. Book promotes use of plain language in insurance contracts. But still too many lawyers donaaca t write in language that clients, and other readers, can understand. With this guide as your reference, you can advise your clients and colleagues knowing that you have the dos and donts at your fingertips. Shelley dunstone, law book company lbc information services sydney, 1998. Plain language continuing studies simon fraser university. Governments and public bodies are endorsing plain language through application rather than discussion leading by example. Putting plain language into practice, aggie brockman for canada s literacy council.
Since legal style clings to archaic words, structures and nonstandard grammar and punctuation, it remains out of step with modern writing. Plain language law for nonlawyers 12th september 2002. We value simplicity, but writing as simply as possible does not always mean writing simply. A plain language handbook for legal writers christine mowat. Plain english and the law, law reform commission of victoria, 1990 10. Professor kimble names michele aspreys book plain language for lawyers as one of the top publications in the history of plain language in writing for dollars, writing to please the case for plain language in business, government, and law carolina academic press, durham, north carolina, professor kimble lists michele aspreys book as number 7 on his list of the top publications. Mysterious in form and expression, it is larded with law latin and normanfrench, heavily dependent on the past, and unashamedly archaic. International plain language day in custodia legis. Health law and plain language aboriginal law and the need for plainlanguage documents plain language for contracts. Legal english is the type of english as used in legal writing. The real strength in plain language legal writing is how, throughout, stephens provides clear instructions on how to accomplish what shes recommending.
Our growing network includes members from over 30 countries working in clear communication in at least 15 languages. However, there are also specific requirements that only apply to nonprescription drugs that are outlined in the guidance document. The plain language approach to legal writing creates documents that. Peter butt, what is plain language law and why use it. Carolina academic press will publish the fifth edition of richard wydicks plain english for lawyers in time for use in the fall of 2005. Appendix 3 2 iiroc notice 160052 rules notice request for comments dealer member rules republication of proposed iiroc dealer member plain language rule book. Plain language has been taught in law schools in australia for almost 20 years.
Legal language has an unfortunate reputation for many reasons. It also shows your humanity so it creates a genuine connection between you and your reader. Reviews of current international legal plainlanguage books by law professors, judges, and lawyers who are plainlanguage specialists. The regulations apply to prescription and nonprescription pharmaceutical drugs, biologic drugs, and radiopharmaceuticals. Writing plain language for law continuing studies simon. Celebrating the best in canadian law books, bar none. Legal writing ted tjaden legal research and writing. I dont think it is difficult to justify the need for plain language law. And the fact is, even though must has come to be the only clear, valid way to express mandatory, most parts of the code of federal regulations cfrs that govern federal departments still use the word shall for that purpose.
A body of words which, when put together, offer a means of communication among people. Demand is growing for plain language specialists who can strip away bureaucratic lingo and communicate effectively with the public. Joseph kimble, writing for dollars, writing to please. If our readers are unable to understand a medical pamphlet, health survey, or prescription directions, we alienate the readers we had hoped to empower. A lawyers guide to writing plain english, plain language. Legal language that is plain poses special challenges, but is not impossible. There are many different languages, each used and understood by groups of people. Legalese versus plain language by peter butt legal english has traditionally been a special variety of english. Britains plain language commission, a privatesector organization, has published a number of excellent books on plain language such as lucid law and other publications. The following is a guest post by cynthia jordan, senior writereditor at the law library of congress october, 2011, is being celebrated around the world as the first annual international plain language day. Plain language law for nonlawyers 12th september 2002 law and justice foundation.
Plain language is language that is clear and understandable and as simple as the situation allows. Plain english establishes your credibility because it tells the reader that you speak a language that they already know and understand. Plain language labelling regulations for nonprescription drugs. In his book writing for dollars, writing to please. With more than 650 members from 50 countries, clarity is the largest international plain language organisation.
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