C. The Plain English Movement

• Author: Ted Tjaden
• Profession: National Director of Knowledge Management McMillan LLP
• Pages: 343-344

Page 343

In the last thirty years or so there has been a gradual development of the use of plain English in legal writing. Part of this development is likely due to a rise in consumer rights and consumer awareness combined with an increase in the number of lawyers graduating from law schools, lawyers who are no longer coming from an "elite" part of society. These factors from both within and outside the legal profession have resulted in a growing awareness by lawyers of the advantages of using plain English in legal drafting.

The plain English movement in law, however, is not a defined group or organization but instead represents the notion that legal documents should be written using plain words that can be understood by average people. Plain English does not mean childish language or simplistic English; instead, it suggests that lawyers should more carefully choose the words they use to be precise and unambiguous (assuming this is desired) yet simple and easily understood (once again, assuming this is desired).

The legal writing literature is full of horrific examples of "legalese" that tend to fall into the following categories:³

Table 12.1

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Page 344

Clients are often openly...