Top 5 plain language tips

Some of the lawyers I work with worry that using plain language will make them sound less credible or professional. That’s when I explain that there’s a lot more to plain language communication than letting go of legalese. It also incorporates principles of good design, and forces writers to consider the needs of their audience before putting pen to paper.

Instead of ‘less sophisticated’ legal writing, plain language practices increase the strength and clarity of the author’s reasoning.  

Here are my top five plain language tips for legal professionals:

1.  Don’t define what doesn’t need defining. For example, sentences that begin with, “This is an Application (the ‘Application’) filed under …’, interrupt the flow of reading. It’s needlessly repetitive and adds nothing of value to the writing, especially when the word is capitalized.

 2. Use headings and subheadings. People read novels from beginning to end, but they tend to scan legal documents for the information they need. Tell your readers what you’re writing about in the next section or paragraph and let them know when you’re making your conclusion. This is a service to your readers. I also encourage clients to use bold font to highlight the most important points.

 3. Keep the most important information at the top. Legal documents aren’t mystery novels. Start with the legal decision or the purpose of your document, and add the context later. There’s no need to build suspense in legal writing.

 4. Stop justifying the right-hand margins. Unless you own a publishing house, you’re using software that inserts awkward gaps in words and sentences. Justifying margins on the right creates a visual wall of text ‘bricks’. Embrace the ragged edge margin and give your eyes a break!

 5. Keep your sentences short. Section 63 of the Canadian Bar Association bylaws runs 104 words,. It has three clauses and includes many long and unnecessary modifying phrases. For your sake, I’ll only give you the first 50 words:

Subject to the Canada Not-for-Profit Corporations Act and to article 66, the Association shall indemnify a Board member, a former Board member or another individual who acts or acted at the Association’s request as a Board member, or an individual acting in a similar capacity, of another entity (…).

I hope you find these tips helpful. Try them today! And if you’d like to learn more about how plain language makes legal writing more efficient and effective, we’d love to hear from you.