The Public Speaks: An Empirical Study of Legal Communication

Abstract

Most attorneys agree that writers need to tailor their writing to a particular audience. This just makes sense. So it is not a stretch to argue that to convey a clear message to a client, attorneys should use plain language. But there is little empirical data supporting the public’s preference for plain language. Rather, most sources largely rely on anecdotal evidence to prove this point.

Therefore, in 2011, I conducted a study to help measure many of the following unanswered questions: To what degree does the public prefer plain language over traditional legal language? How do people react when they see complicated legal language that they do not understand? How often will people look up these complicated terms? Have they ever been so frustrated by such language that they quit reading a document?

This article describes this study, analyzes the 376 responses to the survey, and explains the results in numerous, detailed ways. What you'll find is that this study provides much needed support for a simple principle – that the public prefers clear, understandable communication.

Keywords: plain language, plain English, communication, client, client communication, active voice, complex words, complicated words, Latin, legalese, written communication, oral communication, empirical, client preferences, public preferences, clarity