News and Views Issue 4: Spring 2002
Concise and Precise: a review of
A Plain Language Handbook for Legal Writers
Reviewed by John Blois, a Vancouver based plain language writer and instructor
KNOW ALL MEN BY THESE PRESENTS THAT if you write like this, you’re not communicating clearly. This preamble is incoherent, sexist, hard to read (because of all capitals), and unnecessary, for starters.
Christine Mowat’s plain language handbook for legal writers boldly tackles the challenge of concise, precise legal communication. It’s an admirable goal but not a simple one. Ms Mowat sets the stage by reviewing the literature, history, and foundations of plain language. She describes its international dimensions and ethical basis, presenting a compelling case that plain language makes the law more accessible and understandable to the people it serves. As well, Ms Mowat says the globalization of English creates a pressing need for plain language legal documents. Ultimately, plain language can increase respect for, and acceptance of, the justice system.
This comprehensive, practical handbook describes a communication triad of audience, purpose, and message, and then explains how good writers tailor their message to the audience and purpose. It also provides a CLARITY checklist for writers—an acronym for
Conciseness
Lean and Lively Language
Active Voice
Regular and Reasonable
Image-evoking, Concrete, and Specific
Tight Organization
You and Your Audience
Ms Mowat chooses seven areas to show how plain language can make the law work better:
- Wills
- Municipal bylaws
- Legislation
- Collective agreements
- Family law
- Release forms
- Public forms
The handbook dispels the myths about plain language, obliterating ideas that
plain language is simplistic and that obscure legalese is precise, time-tested,
and required by law. It also examines the future of plain language, concluding
it must be more actively promoted and taught in law schools to overcome the status
quo.
The second part of the handbook has 13 appendices of before and after samples
and a toolbox of exercises and legal writing skills. Some of the suggestions may
seem radical but only when compared to current legal writing—writing that
simply does not work. Clients don’t understand obscure explanations of laws—but
those laws affect them profoundly. The clarity of the after samples is striking
and may puzzle readers who are used to legal bafflegab. It’s hard to imagine
why the dismal state of legal writing persists when you see how eloquent the alternatives
can be.
With an extensive bibliography, the handbook is a complete package for lawyers
who want to improve their communication skills and better serve their clients.
Ms Mowat is passionate about clear communication and that passion permeates the
book.
The handbook ends by looking at resistance to plain language and concluding it’s
based on ignorance. There are several obstacles to more widespread acceptance
of plain language—but they can be overcome. Lawyers need to realize that
writing in plain language is not a simple, mechanical process. It is a sophisticated,
complex activity that yields elegant, precise communication. It takes time and
energy—but the results are worth it.
Sceptics may not yet have concluded that resistance to clear communication is
futile. Ms Mowat’s handbook may convince them.
John Blois can be reached at jmblois@shaw.ca