What Transactional Drafters Should Know About Plain English
12 Pages Posted: 8 Jan 2009
Many transactional lawyers react negatively when they hear the phrase "plain English." This piece addresses that reaction by presenting and discussing four important misconceptions that every transactional drafter ought to be aware of:
1. Some lawyers believe that the plain-English movement will not affect their practices.
2. Many lawyers assume that plain English means only brevity, and they assert that brevity alone is too simplistic an approach to legal drafting.
3. Many lawyers insist that traditional legal language is more precise than plain English and that traditional legal language is well defined by case law.
4. Many lawyers believe that clients expect and prefer traditional legal language and that legalese increases the demand for legal work.
Keywords: legal writing, legal drafting, transactional drafting, plain English, plain language, myths, misconceptions
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