Escolar Documentos
Profissional Documentos
Cultura Documentos
by
Cheryl Stephens
Plain Language Wizard
Vancouver, Canada
www.plainlanguage.com
Perspective ................................................................................... 26
Outlining as an Organizer........................................................... 27
Logical Sequence.......................................................................... 28
Conscious Structure..................................................................... 29
Visual Aids................................................................................... 44
Negativism ................................................................................... 52
Image.......................................................................................... 112
Bibliography............................................................................... 116
Glossary...................................................................................... 119
Introduction: What is plain
language?
Plain language is language that is clear and understandable—
and as simple as the situation allows. Legal language that is
plain poses special challenges, but is not impossible. Clearer,
simpler writing—stripped of unnecessary complexity but not of
style—will also help to improve your client relations.
Confidence
Clients like to know what the documents you ask them to sign
actually say:
• They can understand and act upon their rights and
obligations when they receive advice and documents in
plain language.
• They can make informed decisions and avoid legal
complications. This inspires confidence in themselves and
confidence in you.
The more experience a person has with lawyers and legal
documents, the more likely it is that the person feels frustrated
and angered by them. Why?
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The more often a person deals with a lawyer or reads legal
documents, the higher that person’s expectation will be that
they will acquire the skill to decipher legalese. Unfortunately,
legalese is nothing more than incomprehensible legal language;
that skill never comes.
Cost-Efficiency
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• gives the firm a feature that distinguishes it from its
competitors and provides tangible benefits to its clients,
• attracts new clients to the firm,
• gives the firm a new cultural focus: meeting client need,
• increases the firm’s profits.
What to Expect Here
This work was first published in 1991. Much has changed in the
world and in law practice. For one thing, plain language has
gained wider acceptance since then, and overcome its critics. For
another, we have learned that the average reader has less
patience and lower reading abilities than was thought before the
instigation of comparative international literacy surveys.
Another change is that the entire World Wide Web has come to
be. So this is an e-book and it is interactive.
Cheryl Stephens
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Part 1
Writing as a Communication
Process
You never merely write. You write to someone.
Henry Weihofen, in Legal Writing Style
Communication is not a one-way activity. You write in order to
convey information to others. If your readers do not receive the
message you intended to transmit, you have failed to
communicate. Learning a few techniques can improve your
writing efforts.
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Plain language legal writing refers to legal writing that is well
thought out, well organized, and understandable to the client
without interpretation: the language is clear, the legal concepts
are explained and the technical terms are defined.
Even though your clients are paying for your legal expertise,
surveys have shown that clients do make their decisions about
future retainers based on lawyers’ communication and
interpersonal skills. Good lawyers are a common phenomena;
good lawyers who are also good communicators are not.
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5. Prepare your edited version with care for
technical factors. This is the technical edit.
6. Use readers or other resources to evaluate your
draft. This is testing.
7. Reconsider your purpose, and the input you’ve
received from other people, and revise your product
again.
Inevitably, reviews will lead to changes. You will find yourself
back at an earlier stage, reformulating and reconsidering your
writing product. The writing process is like a spiral: the stages
repeat at new levels until the desired result is achieved (or until
you run out of time or money). It is said to be recursive.
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