Although the issue of plain language in the legal field has attracted great interest recently (Castellón, 2009; Songa, 2013; Carretero, 2015; Blank and Osofsky, 2017; Alsina, 2018; among many others), knowledge about its development is dispersed (Schriver, 2017). In addition, plain language and legal writing have seemingly followed independent paths so far. To this division, it should be added that most research on plain language comes from language specialists who usually overlook the scope of the law or of legal practice. Furthermore, a significant number of proposals for plain language in the legal field have been based on normative approaches that lack empirical data, that is, indications on what should be done to write clearly in the legal field (Meza et al., 2020).

In an article recently published in Discourse Studies, “Plain Writing in the Legal Field: An Approach from the Discourse of Specialists”, I and three colleagues describe a clear and rigorous research project about plain writing in the legal field that consists of defining “plain writing” and recognizing its properties. To promote the initiative of plain writing, we propose a definition of the term in the legal context, based on both the discourse analysis of 18 lawyers from Chile, Argentina, Brazil, and Spain, and our professional knowledge on this topic. In our approach, the view of lawyers, usually excluded from public discussion, is paramount. This article is an empirical work in which we have collected the contributions of lawyers to understand the construction of legal knowledge and, consequently, their form of written communication. Interdisciplinarity is a central advantage of our approach, as our team included two experts in language and writing, an expert in education and writing, and a lawyer.

The definition proposed from the research is as follows: plain writing in Law is the process of constructing legal discourses aimed at promoting the intelligibility of the various legal institutions or institutions of Law, such as sentences, regulations, contracts, etc., to offer or strengthen security in the legal field. The elements comprising this type of writing correspond to a logical and coherent textual structure; ideas expressed in an organized way through simple language or frequently used language; precision, that is, the absence of ambiguities and the use of precise technical terminology in the legal field; correct and legible grammar structures; and the absence of errors associated with writing norms. As for the message, it should be intelligible to all participants of the legal communicative situation, an achievement that remains subordinate to both a clear definition of the subject and its purpose, as well as to the consideration of the legal field (Meza et al., 2020).

Besides the definition, our investigation revealed that some interviewed lawyers consider plain writing as a problematic issue, arguing that plain language implies a lack of precision. Other lawyers consider plain language as a way of attacking their identity: “Why undermine the best thing we do as lawyers, which is speaking unclearly?”

A definition of plain writing in Law, especially one emerging from empirical and multidisciplinary research on the perspective of lawyers, is essential for different reasons. If we want to promote the use of plain language in public and administrative contexts, we need to understand what lawyers think about it. We are sure that we can convince them about the essential role that plain language plays in facilitating citizens’ access to justice.

Our findings could promote further development in this area. At the same time, this research could contribute to elaborating pertinent teaching material, updating lawyers’ knowledge, and facilitating access to justice.

REFERENCES

Alsina, A. (2018). Endeavours towards a plain legal language: The case of Spanish in context. International Journal of Legal Discourse, 3(2), 235-268.

Blank, J. & Osofsky, L. (2017). Simplexity: Plain Language and the Tax Law. Emory Law Journal 66, 189-263.

Carretero, C. (2015). La claridad y el orden en la narración del discurso jurídico. Revista de Llengua i Dret 64, 64-85.

Castellón, H. (2009) Hacia la claridad en los textos administrativos. Revista de Llengua i Dret 52, 85-115.

Meza, P., González, F., López-Ferrero, C. & Gutiérrez, I. (2020). Plain writing in the legal field: an approach from the discourse of specialists. Discourse Studies, 22(3), 356-383.

Schriver, K. (2017). Plain Language in the US Gains Momentum: 1940–2015. IEEE Transactions on Professional Communication, 60(4), 343-383.

Songa, A. (2013). In pursuit of clarity: how far should the drafter go? Commonwealth Law Bulletin 39(3), 415-422.