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It is a wonderful
thing that people can make a living by delivering the social and economic
benefits of clear legal communication. It strongly suggests that the movement
has succeededthough, to be sure, theres much to be done in
implementing that success and in ensuring that every legal and related document
everywhere is easy for its intended audience to understand and to
use.
Much to be done
indeed.
3. The success of
plain-language
Initially, the
plain-language movement focussed on the social benefits of clear legal
communication: improving access to justice, and enabling consumers to make more
informed decisions.8
In more recent
times, plain-language proponents moved on to focus on the benefits that plain
language can deliver to the people whom the movement was seeking to
convertkey decision-makers in business and in government. On the whole,
those key decision-makers are more interested in the economic benefits of plain
language: improvements in efficiency, effectiveness, and customer
satisfaction.9
Yet even after
this change in focus, many decision-makers outside the legal profession still
seem to see plain language as merely a worthy offshoot of the consumer
movement.
Where the
plain-language movement has really succeeded is in its debate with the legal
profession about whether plain language is accurate, certain, and precise.
Plain language won that debate. This is shown by the fact that in most English
speaking countries, the legal profession no longer argues that it is impossible
for a document to be:
-
on the one
hand, clear and reader-friendly; and
-
on the other
hand, accurate, certain, and precise.
It is this success
of the plain-language movement that has enabled people to earn a
livingand morethrough plain language. And that has created the
situation in which it is a little odd to go on calling the plainlanguage thing
a "movement".
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8
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See LAW
REFORM COMM'N OF VICTORIA, LEGISLATION LEGAL RIGHTS AND PLAIN ENGLISH (1986).
See also CHRISTOPHER BALMFORD, Adding Value by Writing Clearly, THE
SOUTH AFRICAN LAW JOURNAL, 514 at 533, Vol 111, Part III, (August
1994). |
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9
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For a
fascinating and persuasive summary of the research on the efficiency,
effectiveness, and customer satisfaction gains that clear communication has
actually delivered to a wide range of organisations, see PROFESSOR JOSEPH
KIMBLE Writing for Dollars, Writing to Please, 6 SCRIBES J. LEGAL
WRITING 1, (1996-1997). |
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