Writing in Plain Language
What do you know about the history of Plain Language?
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In the United States, the movement towards plain language legal writing began with the 1963 book Language of the Law, by David Mellinkoff. However, the movement was popularized by Richard Wydick’s 1979 book Plain English for Lawyers. In 1972, the Plain Language Movement received practical political application, when President Richard Nixon decreed that the “Federal Register be written in layman’s terms”. On March 23, 1978, U.S. President Jimmy Carter signed Executive Order 12044, which said that federal officials must see that each regulation is “written in plain English and understandable to those who must comply with it”.
President Ronald Reagan rescinded these orders in 1981, but many political agencies continued to follow them. By 1991, eight states had also passed legislation related to plain language. Plain Language Association International (PLAIN) was formed in 1993 as the Plain Language Network. In June 1998, President Bill Clinton issued a memorandum that called for executive departments and agencies to use plain language for all government documents. Vice President Al Gore subsequently spearheaded a plain language initiative that formed a group called the Plain Language Action Network (PLAIN) to provide plain language training to government agencies.
Its membership is international; it was incorporated as a non-profit organization in Canada in 2008. PLAIN provided guidance to federal executive agencies when President Barack Obama signed the Plain Writing Act of 2010 into law, which required federal executive agencies to put all new and revised documents into plain language.
Best Books on Plain Language
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Simplicity is the ultimate sophistication.
— Leonardo da Vinci
In 1936, Fred Rodell, a professor of law at Yale University, argued that there “are two things wrong with almost all legal writing. One is its style. The other is its content. That, I think, about covers the ground.”
Legal documents usually set out our rights and responsibilities. If we cannot understand the documents, we cannot exercise our rights and we cannot take responsibility.
It is possible to use plain English in legal documents. It does not mean sacrificing accuracy for clarity. The excuse that legal writing has to be complex to avoid misinterpretations does not stand up.
Did you know?
Law and requirements in the US
The Plain Writing Act of 2010 was signed on October 13, 2010. The law requires that federal agencies use clear government communication that the public can understand and use.
While the Act does not cover regulations, three separate Executive Orders emphasize the need for plain language: E.O. 12866, E.O. 12988, and E.O. 13563.
Requirements
Executive departments and agencies must:
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Follow the Federal Plain Language Guidelines.
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Follow OMB’s Guidance on Implementing the Plain Writing Act.
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Have a plain writing section on your website. Start with our templates for your plain writing page and compliance report (DOC).
Deadline
By July 13, 2011
PUBLIC LAW 111–274—OCT. 13, 2010
124 STAT. 2861 Public Law 111–274
111th Congress
An Act To enhance citizen access to Government information and services by establishing that Government documents issued to the public must be written clearly, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Plain Writing Act of 2010’’. SEC. 2. PURPOSE.
The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use.
Organization of Guidelines
The guidelines are organized into sections, but many of the topics fit within more than one section. We start with a discussion of your audience because you should think about them before you start writing or planning to write. From there we move to organization, because developing a good organization is important during your planning stage. Next, we discuss writing principles, starting at the word level and moving up through paragraphs and sections. This is the most extensive topic. We follow principles of writing documents with principles of writing for the web.
Each section will build on the previous sections.
History
Here is a way of unnecessarily bulking up your sentences:
There is no escaping the fact that it is considered very important to note that a number of various available applicable studies ipso facto have generally identified the fact that additional appropriate nocturnal employment could usually keep juvenile adolescents off thoroughfares during the night hours, including but not limited to the time prior to midnight on weeknights and/or 2 a.m. on weekends.
And the original, using stronger, simpler words:
More night jobs would keep kids off the streets.
Phrasal Verbs
to dive into
to bring up
to figure out
to go over
to follow up
Phrasal Verbs
to head in
to carry out
to show up
to hand out
to come up with
Start here.
Write for your audience.
One of the most popular plain language myths is that you have to “dumb down” your content so that everyone can read it. That’s not true.
The first rule of plain language is: write for your audience. Use language your audience understands and feels comfortable with. Take your audience’s current level of knowledge into account. Don’t write for an 8th-grade class if your audience is composed of PhD candidates, small business owners, working parents, or immigrants. Only write for 8th graders if your audience is, in fact, an 8th-grade class.
Know the expertise and interest of your average reader and write to that person. Don’t write to the experts, the lawyers, or your management, unless they are your intended audience.
Focus on what users want to know.
Let’s face it, people only want to know what applies to them. The best way to grab and hold someone’s attention is to figure out who they are and what they want to know. Put yourself in their shoes; it will give you a new perspective.
Tell your audience why the material is important to them. Say, “If you want a research grant, here’s what you have to do.” Or, “If you want to mine federal coal, here’s what you should know.” Or, “If you’re filing international tax documents, read this first.”
Guide them through the information.
Think about what your audience knows about the situation or topic you’re writing about. Then, guide them through the information they need to know. To help you do this, try answering the following questions:
- Who is my audience?
- What does my audience already know about the subject?
- What does my audience need to know?
- What questions will my audience have?
- What’s the best outcome for my firm? What do I need to say to get this outcome?
- What’s the best outcome for our audience? What do I need to say to get this outcome?
Address the User.
Even though your document may affect a thousand or a million people, you are speaking to the one person who is reading it. When your writing reflects this, it’s more approachable and has a greater impact.
Use pronouns to speak directly to your reader.
Pronouns help the audience picture themselves in the text and relate to what you’re saying. More than any other single technique, using “you” pulls users into the information and makes it relevant to them.
When you use “you” to address users, they are more likely to understand what their responsibility is.
Don’t Say
Copies of tax returns must be provided.
Say
You must provide copies of your tax returns.
Don’t Say
Originals of invoices must be provided.
Say
Ex 1. _____ must provide copies of ____ original invoices.
Don’t Say
The documents must be signed by July 31st of this year.
Say
Ex 1. ____ must sign _____ _______ __ ___ ___ ______ _____ .
Don’t Say
Forms must be filed by Dec. 31st of this year.
Say
Ex 2. ___ ____ _______ ____ _____ _____ ___ .
Don’t Say
Returns must be received along with the original purchase receipt.
Say
Ex 1. ___ ____ _______ ____ _____ _____ ___ .
Don’t Say
Invoices must be received along with the original purchase order.
Say
Ex 1. ___ ____ _______ ____ _____ _____ ___ .
Don’t Say
Payment must be made by bank transfer or check.
Say
Ex 1. ___ ____ _______ ____ _____ _____ ___ .
Don’t Say
The offer must be made by 4pm on Friday, July 22.
Say
Ex 1. ___ ____ _______ ____ _____ _____ ___ .
Writing for an individual forces you to analyze carefully what you want the reader to do. This way, you’ll find it easier to:
- Put information in a logical order.
- Answer questions and provide the information that your reader wants to know.
- Assign responsibilities and requirements clearly.
Vocabulary
to lend (to give)
to borrow (to receive)
to take out a loan
Define your pronouns clearly.
Define “you” by any of the following methods:
- State in the beginning of the document who the audience is. For example: “This regulation tells you, the loan applicant, how to secure a loan.”
- Define “you” in the definitions section. For example: “‘You’ means a loan applicant.”
- Where you address different readers in different parts of the document, define “you” in each context: “How do different types of borrowers apply for a loan? If you are a small business, you must submit… If you are an individual, you must submit…”
Don’t Say
Facilities in regional and district offices are available to the public during normal business hours for requesting copies of agency records.
Say
If you are a private citizen, you can get copies of our records at any regional or district office…
Don’t Say
Resources in corporate offices are available to directors during business trips and paid leave.
Say
Ex 1. If ___ are a director, ___ can receive resources in corporate offices during business trips and paid leave.
It’s especially important to define “you” when writing to multiple audiences.
Don’t Say
Lessees and operators are responsible for restoring the site. You must ensure that…
Say
Lessees and operators are responsible for restoring the site. If you are the lessee, you must monitor the operator to ensure that. If you are the operator, you must conduct all operations in a way…
When to use “I,” “me,” “we,” and “us”
If you use a question-and-answer format, you should assume that the user is the one asking the questions. Use “I” in the questions to refer to the user. Use “we” in the responses to represent your firm.
Don’t Say
Submission of applications.
Say
How do I apply?
By using “we” to respond to questions, you state clearly what your firm requires and what your firm’s responsibilities are. Using “we” makes your firm more approachable and also helps you use fewer words. You can define “we” in the definitions sections of your document if that will help the user.
Don’t Say
The firm will be in contact with you soon.
Say
Ex 1. ___ will be in contact with you soon.
Don’t Say
Loan applications will be reviewed to ensure that procedures have been followed.
Say
We review your loan application to ensure that you followed our procedures.
Don’t Say
The Office of Consumer Affairs will process your application within 30 days after receipt.
Say
We’ll process your application within 30 days of receiving it.
Avoid using “he” or “she”.
You can avoid awkwardness by using “you” to address the reader directly, rather than using “he or she” or “his or her.”
Don’t Say
The applicant must provide his or her mailing address and his or her identification number.
Say
You must provide your mailing address and identification number.
Don’t Say
The client must pay his or her application fee upon arrival.
Say
You must pay your application fee upon arrival.
Make sure you use pronouns that clearly refer to a specific noun. If a pronoun could refer to more than one person or object in a sentence, repeat the name of the person or object or rewrite the sentence.
Don’t Say
When the President appoints an Secretary, he or she must…
Don’t Say
After the Administrator appoints an Assistant Administrator, he or she must…
Say
After the Administrator appoints an Assistant Administrator, the Assistant Administrator must…
Use singular nouns and verbs.
Use singular nouns and verbs to prevent confusion about whether a requirement applies to an individual or several groups. In the following example, the user might think that they need to file applications at several offices.
Don’t Say
Individuals and organizations wishing to apply must file applications with the appropriate offices in a timely manner.
Say
You must apply at least 30 days before you need the certification.
Prepositions – Before & By
In the case of time, these prepositions have the same meaning.
By 5:00pm means anytime before 5:00pm.
By Friday means Thursday night at a reasonable hour.
By January 1st means December 31st before 10pm.
Phrasal Verbs
to wrap up
to tie up
– to end or finish something.
to wind up
(in company law, this is to formally bring a business to a close)
To head with a preposition, means to go.
to head to
to head over
to head in
to head out
to head by
– “head” just means “go”.
Make your Document Better
Four tips to making documents better: 1___________ , 2___________, 3___________ & 4 ___________.
Take 2 minutes and learn a few tips to help with your proofreading skills.
Can you identify all 4 tips?
How did you do?
Three tips to making documents better: 1___________ , 2___________, 3___________ & 4 ___________. Take 2 minutes and learn a few tips to help with your proofreading skills.
Did you identify all 4 tips?
What the experts recommend.
- Fresh Eyes
- Slow Down
- Read Out Loud
- Peer Evaluation
Verb Collocations
COLLOCATION TYPE 1:
Verb + Infinitive form
to offer
to decide
to refuse
to hesitate
to fail
to plan
to hope
to please
to arrange
to seem
to want
to prepare
Examples
to offer to negotiate
to decide to sign
to plan to resign
to hope to meet
to prepare to find
to seem to be
PRONUNCIATION TIP:
Connect your first verb and then, make your pause between the “to” and the second “verb”.
For example, “Do you want-to go to the meeting.”
For example, “Do you want to go to the meeting.”
And then do not pronounce “to” as “two” or “too”, it has a different pronunciation as “ta”.
“Do you wanta go to the meeting.”
COLLOCATION TYPE 2:
Verb + ing form
to suggest
to practice
to postpone
to deny
to admit
to discuss
to risk
to complete
to finish
to avoid
to consider
to understand
Examples
to suggest reviewing
to discuss defaulting
to consider offering
to risk losing
to finish setting out
to postpone performing
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About the Author
Eric Froiland
Eric is a legal English teacher from the United States and has been based out of Bogota, Colombia for the last 10 years. He is the owner and founder of Legal English Innovation SAS, which is recognized as the top legal English academy in Colombia and is an official Test of Legal English Skills (TOLES) examination center.
