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.


31.

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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