Re: Legalise & Plain English
From: Carol Agate (carolagateme.com)
Date: Mon, 2 Sep 2013 10:35:34 -0700 (PDT)
Sharon-

I can really empathize with what you're saying. For four years I taught law 
students how to write in Plain English. Wydick was my favorite source. I try 
now to use plain English in anything I get from a lawyer, but have found it's a 
tough struggle.

Here's one reason the language is so bad. When a contract is ambiguous it goes 
to a judge to interpret. Once the judge interprets it that language takes on a 
life of its own. If the language that was so bad it had to go to court is used, 
it has already been interpreted. If plain language is used a court might put a 
different interpretation on it because the lawyer didn't use the traditional 
language. So it's only the worst language that becomes a part of the 
traditional wording.

I'm working on redoing our contracts and I'm afraid the condo specialist who 
reviews it will insist on using the language no one but the courts understands.

Carol 

On Aug 28, 2013, at 1:45 PM, Sharon Villines <sharon [at] sharonvillines.com> 
wrote:

> 
>> The CC&Rs and By Laws are written in "legalese" reflecting their origin with 
>> our attorney, the Villager's Guide is in a more personal but still 
>> professional style. 
> 
> I recently researched Plain English in legal documents for neighbor who is a 
> single parent trying to set up legal guardianship and financial oversight for 
> her daughter in the event of her death or disability. 
> 
> The document her lawyer prepared is totally incomprehensible. I was grievance 
> chair, president, and board member of an AFL-CIO Union and have extensive 
> experience writing policies for a new college. I like sorting out language so 
> i do a lot of it. I could not understand in any way what any of the sections 
> related to custody meant. What was supposed to happen? Who was to take 
> custody? Keep custody? Which person had the child and which the money? Not 
> even that was clear.
> 
> Without the document, her friends would have contacted her family and done 
> the logical thing. With the document,  not only would no one know what to do 
> but they would be afraid to do anything because they might be doing something 
> illegal.
> 
> This is totally unnecessary and there are many guides for lawyers that assure 
> them they do not have to use 19th century boilerplate language in order to 
> write a legal document. The court will not invalidate the document -- well, 
> some courts will do anything but the Plain English movement is very old now. 
> Lawyers who have not studied it should be embarrassed. 
> 
> You can insist on Plain English documents and choose a lawyer using this as a 
> criterion. You can also take what you are given and translate it (if you 
> can), a good check to see if you understand it.
> 
> A Plain English will as an example:
> http://estate.findlaw.com/wills/sample-basic-will-annotated.html
> 
> _Plain English for Lawyers_ by Richard Wydick is in its 5th edition and used 
> for 25 years in law schools.
> http://www.amazon.com/Plain-English-Lawyers-5th-Edition/dp/1594601518
> 
> The University of Massachusetts has brief list of tips on drafting laws for 
> communities that will give you sense of how cities can use Plain English. If 
> they can, you can:
> http://www.umass.edu/masscptc/tips_on_drafting.html
> 
> Plain English Bylaws from a non-profit organization that are probably much 
> less detailed than condominium bylaws need to be they are a good example of 
> readability, even colloquial language in a legal document:
> http://www.advmca.org/organization/bylaws_in_plain_english.php
> 
> And finally the website of a legal firm that represents condominiums, 
> believes in Plain English. Lots of information posted. Some recommendations 
> will be more restrictive than cohousers think they need but ......
> http://www.davis-stirling.com/AmendingDocuments/tabid/1317/Default.aspx#axzz2dHo5G1Zt
> 
> Sharon
> ----
> Sharon Villines
> Takoma Village Cohousing, Washington DC
> http://www.takomavillage.org
> 
> 
> 
> 
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