Useful references
Overview - especially good for lawyers
Michèle Asprey, Plain Language for Lawyers 3rd edition, The Federation Press (2004). An excellent overview of plain language for lawyers.
Benefits of plain language
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 Journal of Legal Writing 1, (1996-1997).
The plain-language debate
Law Reform Commission of Victoria:
- Legislation Legal Rights and Plain English, Discussion Paper No. 1 (August 1986). A discussion of the benefits of plain language and the problems of poor legal communication
- Plain English and The Law, Report No. 9 (repr. 1990). A rebuttal of the arguments against plain language. The Report includes a drafting manual and various substantial demonstration rewrites in separately published appendices.
- Access To The Law: The Structure and Format of Legislation, Report No. 33 (May 1990). As its name suggests focuses on structure. Includes a fascinating section on the history of legislative drafting.
Professor Joseph Kimble Answering the Critics of Plain Language, 5 Scribes Journal of Legal Language 51, (1994-1995); and
Professor David Mellinkoff, The Language of the Law Boston, Little Brown & Co (1963). Brilliant Scholastic book. A landmark.
Professor Joseph Kimble and J A Prokop Jr Strike Three for Legalese, MICH. B.J. 418 (May 1990). Research on judges preferences for plain language.
Benson and Kessler, Legalese v plain English: An Empirical Study of Persuasion and Credibility in Appellate Brief Writing 20 Loy LA L Rev at 301 (1987).
How to
Christopher Balmford Getting the Structure Right: Process, Paradigm and Persistence (in 2 parts), Part 1 in Clarity No. 42, at 42 (September 1998); Part 2 in Clarity No. 43, at 14, (May 1999).
Peter Butt and Richard Castle Modern Legal Drafting: A Guide To Using Clearer Language Cambridge University Press, 2001.
Bryan Garner, Legal Writing in Plain English: A Text With Exercises, University of Chicago Press (2001).
Colin Wheildon, Type & Layout: How Typography And Design Can Get Your Message Across--Or Get In The Way, Strathmoor Press (March 1995).
New user? Register & login for FREE
To set up on Cleardocs, all you need to do is key in your name, industry, email and password. Then you're ready to
create Cleardocs documents. It only takes a few minutes. (There's no joining fee. Just a pay
per use document fee.)
Existing users wanting to start a new document, log in
(top right)
|
