Created date: 8/15/2001 2:34:53 pm. Lifting the fog of legalese: essays on plain language, by joseph kimble, carolina academic press plain english for lawyers, richard wydick, carolina academic press legal writing in plain english, a text with exercises, bryan garner, university of chicago press. Joe kimble has been advocating for plain legal language for more than three decades: he is a founding director of the center for plain language, a past president of clarity international, the editor of the plain language column in the michigan bar journal, and the author of lifting the fog of legalese: essays on plain language and writing. Purging legalese by adopting plain language is the most direct path to simple communication many non-lawyers may assume that lawyers are required to write in old-fashioned prose or that judges expect or prefer legalese to plain language, but in reality the opposite is true.
Plain language examples of clarity v legalese in laws by george h hathaway aws consist of resolutions, statutes, rules, and executive orders. Judges, by a fairly large margin, prefer plain language to legalese but before you begin to completely alter your writing style, some caveats to keep in mind from the article and one of my own: female judges overwhelmingly preferred the informal sample 83 percent of the time. Clients don't appreciate legalese fortunately you can produce valuable, credible advice without legalese rethinking legal writing will show you how to apply evidence-based principles of plain english to produce clear, client-focused advice that is easy to read and act on. More than mere essays about plain language, [they] provide sound guidelines and vivid demonstrations of how to master the art of clear, precise, and readable prose kimble is a master of the craft as a result, lifting the fog is highly readable, briskly paced, and enjoyable.
This is an excellent book kimble provides practical advice on how to improve legal writing by using plain language rather than legalese as a practicing lawyer who gets bogged down in legalese everyday, i hope this book is widely read and that its suggestions are actively implemented. Essays on plain language today with a slow-moving economic situation, everybody is hopping to save hard earned cash and grab the very best deal achievable on everything they are shopping for, to save hard earned cash on every last thing that they buy. Starring kathryn catania courtesy of the us citizenship and immigration service, via the plain language action and information network. Reliable natural language processing is a vastly harder problem than domain-specific-languages, compilers, and natural language generation, but we wish them the best should they be successful, drafting contracts which meet their ai's approval will be straight-forward because we can run the contracts through the ai ourselves.
Ok so im taking this subject for 2nd year, legal writing and drafting and i want to argue my essay based on the view that keeping with tradition and keeping legalese is actually more beneficial than resorting to plain language, which may prima facie seem like an adequate solution but it really isnt. Plain language is writing designed to ensure the reader understands as quickly, easily, and completely as possible plain language strives to be easy to read, understand, and use. Use plain english to be sure the contracts and other documents you're writing are in a language that the parties can read and understand here's a chart to keep handy next time you're drafting a legal document (or to discreetly slip to a legalese-laden colleague. By mark cohen seeing through legalese is professor joseph kimble's second book of essays on the use plain of language in law prof kimble taught legal writing at the western michigan university cooley law school for more than 30 years and is the editor of the michigan bar journal's plain language column. Seeing through legalese: more essays on plain language by joseph kimble, professor emeritus at western michigan university cooley law school the book contains guidance and commentary on how to achieve clarity in legal writing.
Legalese, the plain english movement and good drafting contract law is the foundation of business unfortunately, many lawyers draft contracts in legalese - they fill their documents with archaic terms, redundancies, awkward phrases, ambiguities, and worthless boilerplate. The georgia bar journal published don boyle's book review of seeing through legalese: more essays on plain language by joseph kimble in its april 2018 issuein this article, mr boyle gave an overview of the book and author. 'plain english is simple, restrictive language, and takes away the skills of the drafter' drafting a document in plain english takes a lot of skill communicating your points clearly so that the reader can accurately interpret your meaning is the most important task in writing.
[ back to top ] advantages a conversion to plain language is a cost-effective move plain language documents are typically 40% shorter than the original, and printing, paper, and translations costs are lowered because there are fewer words and fewer pages. In all seriousness, when i was in law school there was a big push away from legalese in favor of plain language the rationale is that using plain language will increase access to justice for non lawyers and help legal clients better understand their cases. In line with this truth we find the article of justification expounded in plain language in romans iii, iv, v the doctrine of the resurrection in i corinthians xv, and the doctrine of election in ephesians i and romans viii. Seeing through legalese: more essays on plain language is an indispensable book for any lawyer or legal professional who wants to write better kimble offers funny anecdotes of triumph and dismay.
Legalese vs plain english, and why they're different thus, so called legalese, while usually used as a denigrating label, is in fact the technical language of the law. Ok so im taking this subject for 2nd year, legal writing and drafting and i want to argue my essay based on the view that keeping with tradition and keeping legalese is actually more beneficial than resorting to plain language, which may prima facie seem like an adequate solution but it really isnt (i was reading an article by robyn penman who put forward the notion that simple words dont.
Writing in plain english means ensuring that your writing is clear and effective for its intended purpose it does not mean 'dumbing down' your language - writing at a high level of sophistication is required for high grades. Known as the plain language law, section 2-2-801, crs, expects bill drafters to avoid unnecessary jargon and to aim for nontechnical language that in a clear and coherent manner uses words with common and everyday meaning which are understandable to the average reader. Plain language is a regular feature of the michigan bar journal, edited by joseph kimble, a law professor for the state bar's plain english committee in a recent article, kimble defends the choice of words as the first consideration in plain language, and provides a lengthy list of questionable words found in legal writings that he. Legal language by peter tiersma (university of chicago press, 1999), lifting the fog on legalese: essay on plain language by joseph kimble (carolina academic press, 2006), and plain language for lawyers, 4 th ed, by michele m asprey (federation press, 2010) are examples.