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These efficiencies
are not unique to lay readers. Lawyers, too, save time and money when documents
are in plain legal language. Lawyers find plain language easier to read and
digest, cutting down time and effort for them almost as much as for their
clients. These efficiencies have been documented in a study by the Law Reform
Commission of Victoria (Australia). In the study, lawyers read counterpart
versions of the same statutes, one version written in plain legal language and
the other in traditional legal language. The time taken to understand the plain
language version was between one-third to one-half less than the time taken to
understand the traditional version15.
Assumption 3: that
judges prefer plain language
This assumption is
perhaps not as important as the others, but studies have borne it out just the
same. Opponents of plain language have been heard to argue that plain legal
language is "dangerous" because judges don't like it. The argument goes that
documents must be drafted to be litigation-proof, and for this it is important
to get the judge "on side"; and as judges prefer traditional styles of
drafting, it is safer to stick to traditional styles of drafting. This argument
seems (to me) rather facile; but even if we accept this view of judges, the
evidence is that, given a preference, judges would choose plain language.
Studies in the United States show that something like 80% of judges surveyed
prefer pleadings to be in plain language rather than in the traditional,
convoluted American style16. Interestingly, the same judges also
thought that lawyers who drafted pleadings in plain language were better
lawyers than those who stuck to traditional drafting. I don't know of any
similar studies outside of the USA, but I would imagine that similar results
would follow in most jurisdictions.
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15.
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Eagleson,
"Plain English - A Boon for Lawyers" [1991] The Second Draft (Legal
Writing Institute) p 12. |
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16.
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Harrington
and Kimble, "Survey: Plain English Wins Every Which Way" (1987) 66 Michigan
Bar Journal 1024; Kimble and Prokop, "Strike Three for Legalese" (1990) 69
Michigan Bar Journal 418; Child, "Language Preferences of Judges and
Lawyers: A Florida Survey" (1990) 64 Florida Bar Journal 32. For
articles by judges themselves, see Mester, "Plain English for Judges" (1983) 62
Michigan Bar Journal 978; Cohn, "Effective Brief Writing: One Judge's
Observations" (1983) 62 Michigan Bar Journal 987. |
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