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Even Lawyers want to understand Plain language increases lawyers’ credibility
to both lawyers and laypeople
Kath Straub – Usability.org Julie Clement– J Clement Communications
Annetta Cheek – Center for Plain Language Sean Mahaffey- U Cincinnati College of Law
IC Clear | Clarity2014 ‘Learning to be clear’
However guilty defendants, upon due inquiry, might prove to have been, they were, until convicted, presumed to be innocent.
Powell v Alabama 287 U.S. 45 (1932).
However guilty defendants, upon due inquiry, might prove to have been, they were, until convicted, presumed to be innocent.
Powell v Alabama 287 U.S. 45 (1932).
Let us help ….
However guilty defendants might prove to have been at trial, they were presumed to be innocent until convicted.
This study We set out to replicate Benson & Kessler to reality check our data collection method. Along the way, we noticed some interesting findings.
We collected data from 38 lawyers (unpaid volunteers)
93 laypeople (Paid MTURKers)
50%
Lawyers (n=38)
Participant Demographics
Non-Lawyers (n=91)
Gender Female Male Female Male
Age
Educa1on
Na1ve Language
18-‐ 24 25-‐34 35-‐54 55+
50%
25 – 34 55+
HS Some college BA/BS Graduate Degree
Graduate Degree
English English
Lithuanian German
Our stimulus were items similar to B&K. The plain language versions were cleaned up a bit.
Thanks to Joe Kimble.
In the findings, note
• Differences between legalese and plain • Similari1es between lawyers and laypeople
• Whether people agree or disagree with the statement
Do Plain Language lawyers communicate effectively?
Is the writer easy to understand?
Lawyers Non-lawyers
0% 50% 100%
Legal
Plain
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
Significant difference Significant difference
Disagree for legalese.
How well will clients understand this lawyer?
Lawyers Non-lawyers
Very Easy
Easy Hard Very Hard
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Marginally different (p<.09) Significantly different
How well will juries understand this lawyer?
Lawyers Non-lawyers
Very Easy
Easy Hard Very Hard
0% 50% 100%
Legal
Plain
Significantly different
0% 50% 100%
Legal
Plain
Significantly different
How well will other lawyers understand this lawyer?
Lawyers Non-lawyers
Very Easy
Easy Hard Very Hard
0% 50% 100%
Legal
Plain
Significantly different
0% 50% 100%
Legal
Plain
Lawyers agree that legalese is hard to understand.
Significantly different
Takeaways Lawyers are just plain hard to understand. Even for other lawyers. Plain language helps.
Is Plain Language sufficiently specific?
Are the passages specific and concise?
Lawyers Non-lawyers
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Significant difference Significant difference
Surprise? Disagree for legalese.
Is the writer convincing?
Lawyers Non-lawyers
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Significant difference No difference
Takeaways Lawyers agree that plain language is clearer, more specific, and more persuasive than legalese. Non-lawyers have some doubts.
Is the writer a successful lawyer?
Did the writer go to a prestigious law school?
Lawyers Non-lawyers
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Significant difference No difference
Surprise? Disagree for legalese.
Was the writer in the top of their class?
Lawyers Non-lawyers
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Significant difference No difference
Surprise? Disagree for legalese.
What level has the writer reached in the firm?
Lawyers Non-lawyers
Managing Partner
Partner Associate
0% 50% 100%
Legal
Plain
Staff Attorney Paralegal
0% 50% 100%
Legal
Plain
Significant difference No difference
Plain language lawyers do not make Managing Partner
Takeaways People expect prestigious schools to teach both languages: Plain and legalese Plain language helps with cases and clients, but to run the firm, you need legalese
Should your lawyer speak plain language?
Would you be satisfied with this lawyer as counsel?
Lawyers Non-lawyers
Satisfied
Neutral Dissatisfied
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Marginally different (p<.09) Significant difference
Is the writer trustworthy?
Lawyers Non-lawyers
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
Not different Significant difference
Surprise!
Does the writer win cases?
Lawyers Non-lawyers
Agree
Neutral Disagree
0% 50% 100%
Legal
Plain
0% 50% 100%
Legal
Plain
No difference Marginally different: p<.06
Again, non-‐lawyers are not sure that plain language helps.
Takeaway Even lawyers prefer to work with lawyers who use plain language!
• Even lawyers have trouble understanding lawyers. Plain language helps.
• Lawyers agree that plain language is clearer, more specific, and more persuasive.
• Law schools still need to teach lawyers to understand two languages: plain and legalese.
• People--even lawyers--want their lawyers to use plain language.
Our conclusions …
Questions?
Kath Straub Usability.org Center for Plain Language [email protected]
If you have more questions, email…
