6. Establishing some threshold realities

Before we move on to consider how the plain-language movement can reposition itself, let's confirm 2 things—just in case there's any doubt:

• Plain language involves more than mere word substitution, see 6.1.

• Plain language is just as accurate, as certain, and as precise as traditional legal drafting. Indeed, it is almost always more accurate, more certain, and more precise. Even judges prefer plain language, see 6.2.

6.1 Beyond mere word substitution

In many ways, the phrase "plain language" is inaccurate. It places too much emphasis on language: on words and on sentences. The reality is that clear legal communication depends on much more than eradicating jargon—mere word substitution—and on much more than familiar sentence structure.

Usually, rewriting a document in plain language involves rethinking the entire document—its content, language, structure, and design—while rigorously focusing on the audience and the purpose of the communication. It is this approach that leads to successful communication.

These things are written about at length elsewhere.²⁵

6.2 Plain-language improves accuracy, certainty, and precision

Lawyers are conscious of the accuracy, certainty, and precision of traditional legal language. They are sometimes initially concerned that plain language may jeopardize that accuracy, certainty, and precision. However, their concern can be put to one side.