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Tag Archives: The Scribes Journal of Legal Writing

Another Legal Writing Honey Pot

08 Sunday May 2016

Posted by Celia C. Elwell, RP in Appellate Writing, Legal Argument, Legal Writing, Legalese, Persuasive Writing, Plain Language

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Bryan A. Garner, Legal Writing, The Scribes Journal of Legal Writing, U.S. Supreme Court Justices

Transcripts of Bryan Garner’s Transcripts With Supreme Court Justices On Legal Writing And Advocacy, THE SCRIBES JOURNAL OF LEGAL WRITING©

http://legaltimes.typepad.com/files/garner-transcripts-1.pdf

If you had to pick just one edition of The Scribes Journal of Legal Writing, which would be an incredibly hard thing to do, this is certainly one I would strongly recommend. Bryan Garner’s interviews with Supreme Court Justices on legal writing! Does it get any better than this? If you are a legal writing aficionado, or even if you’re not, you’ll appreciate the wisdom here. -CCE  

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We Have Proof! Clients Really Do Prefer Plain Language Over Legalese.

04 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Legal Writing, Legalese, Plain Language

≈ Comments Off on We Have Proof! Clients Really Do Prefer Plain Language Over Legalese.

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Christopher Trudeau, Legal Skills Prof Blog, Legal Writing, Legalese, Louis J. Sirico Jr., Plain English, The Scribes Journal of Legal Writing

Does Plain English Make a Difference to Clients?, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://tinyurl.com/mgf49tn

According to an empirical study by Christopher Trudeau, the answer is yes. I think his 2012 article deserves greater attention–The Public Speaks: An Empirical Study of Legal Communication, 14 The Scribes Journal of Legal Writing 121 (2012) (here).

In a carefully designed study, subjects compared passages written in plain English and similar passages that contained the failures that plain English attempts to eliminate. The study provides a good bit of valuable information. It also results in 10 practical pointers.

First, do not underestimate the importance of oral communication. Over half of all respondents preferred some type of oral communication to written communication.

Second, deliver written documents electronically even when you must send a hard copy.

Third, use clear, understandable written communication.

Fourth, do not assume that all readers will understand commonly used legal terms. Instead, define these terms if you must use them.

Fifth, avoid complicated terms and Latin words. They generally bothered or annoyed nearly seven out of ten clients.

Sixth, prefer the active voice. Respondents preferred it almost 70% of the time — and clients at a higher rate than non-clients.

Seventh, avoid multi-word prepositions like pursuant to and prior to and with regard to. They are among the worst aspects of legalese.

Eighth, remember that the more confusing the sentences become, the more likely that a reader will prefer plain language.

Ninth — and this needs to be proclaimed repeatedly, ceaselessly— the vast majority of clients and non-clients prefer plain language. For the choice-of-language questions, readers chose the plain-language version 80% of the time.

Finally, use plain language no matter what the reader’s educational level. Contrary to my original theory, as the level increased, so did the respondent’s preference for plain language.

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