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Assumption 4: that
clients prefer plain legal language
This last
assumption is also borne out by evidence - not just anecdotal evidence, but
empirical evidence from large-scale research. Non-lawyers prefer legal
documents and statutes to be in plain language. Amongst the research is a
Canadian survey31, which showed a widely-held public perception that
lawyers care little about whether they communicate effectively with their
clients. Lawyers, the public thinks, are pre-occupied with legal precision at
the expense of clear communication - they are indifferent to whether their
clients understand the documents they are asked to sign. Lawyers may
think that they do care whether they communicate - but the public
perception seems to be otherwise.
The evidence is
clear. Members of the public - particularly those with no legal learning -
prefer plain legal language. If they are clients, it gives them a better chance
to understand the legal consequences of the documents they sign; if they are
citizens, it gives them a better chance to understand the laws that bind
them.
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31.
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Survey
carried out by the Plain Language Institute of British Columbia: see the
Institute's Preliminary Report, "Critical Opinions: The Public's View of
Legal Documents" (1992). |
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