Drafting contracts in plain English is a crucial skill every contract drafter should possess. Writing in plain English means using simple and straightforward language that is easy to understand. It is imperative to avoid legalese, which can make the contract challenging to understand, leading to confusion and disputes.
The use of plain English in contracts has gained popularity in recent years, with many legal professionals advocating for its adoption. This approach is particularly useful in commercial contracts, where parties may not be familiar with legal jargon. Plain English can help reduce ambiguity and ensure that all parties understand their obligations under the contract. It can also help avoid costly disputes arising from misunderstandings or misinterpretations of the contract terms.
In this article, we will explore the principles of plain English in contract drafting. We will provide tips and guidelines to help contract drafters write in plain English and avoid the pitfalls of legalese. We will also discuss the benefits of using plain English in contracts and how it can help to build better relationships between parties.
What is Plain English?
Plain English is a writing style that aims to make written communication easy to understand. It is a way of presenting information that is clear, concise, and free from jargon, technical terms, and unnecessary complexity.
In the context of contracts, plain English means using simple language that is easy to read and understand. This approach can help reduce the risk of misunderstandings, disputes, and litigation and save time and money.
To achieve plain English in contract drafting, the writer must focus on the reader’s needs. This means using appropriate language for the intended audience, avoiding legal jargon, and breaking down complex ideas into clear, concise sentences.
Some of the key features of plain English in contract drafting include:
Using short sentences and paragraphs to improve readability
Avoiding technical terms, legal jargon, and unnecessary complexity
Using active voice instead of passive voice to make the text more engaging
Using simple, everyday language that is appropriate for the intended audience
Using headings, bullet points, and tables to improve the structure and organization of the document
Plain English is about making written communication more accessible and easier to understand. In the context of contracts, this can help to improve clarity, reduce the risk of disputes, and save time and money for all parties involved.
Why Drafting Contracts in Plain English is Important
Drafting contracts in plain English is important for several reasons. Clarity and readability, simplicity, ease of use for contracts professionals, and reducing disputes are some of the main benefits of plain English contracts.
Clarity and Readability
Contracts written in plain English are easier to understand and interpret. They use clear language, active voice, and avoid legal jargon, defined terms, archaisms, and title-case words. Plain English contracts are written for a non-legal audience, making them more accessible to customers, employees, and other stakeholders. They also reduce the risk of misunderstandings and disputes arising from unclear or ambiguous language.
Simplicity
Plain English contracts are more straightforward and more concise than traditional legal documents. They use shorter sentences, shorter paragraphs, and avoid unnecessary repetition and redundancy. They also use natural language and avoid special meanings or technical terms unless necessary. This simplicity makes contracts easier to read and understand, which saves time and effort for all parties involved.
Ease of Use for Contracts Professionals
Plain English contracts are easier to draft, review, and negotiate than traditional legal documents. Writing, editing, and proofreading require less time and effort, making them more cost-effective for legal counsel and their clients. They also facilitate communication and collaboration between different parties, leading to better outcomes and stronger relationships.
Reducing Disputes
Plain English contracts reduce the risk of disputes and litigation by improving clarity, readability, and simplicity. They make it easier for parties to understand their rights and obligations, which reduces the risk of misunderstandings and disagreements. They also reduce the risk of ambiguity or uncertainty, which can lead to disputes over the interpretation of contract terms. Plain English contracts save time, money, and resources for all parties involved by reducing disputes.
Drafting contracts in plain English is an essential aspect of clearer legal writing. It benefits contracts professionals, customers, and other stakeholders by improving clarity, readability, simplicity, and reducing disputes. Legal experts such as Bryan A. Garner, Joseph Kimble, Robert Eagleson, and federal agencies like the U.S. Securities and Exchange Commission have advocated for plain language in legal documents. The University of Chicago Press has also published several books on clearer legal writing, including “Plain English for Lawyers” by Richard C. Wydick, and “Plain Language Legal Writing” by Cheryl Stephens.
How to Draft Contracts in Plain English
When drafting a contract, it is important to use plain English to ensure that the parties involved can easily understand the terms and conditions. Here are some tips to help you draft a contract in plain English:
Use Plain English
Using plain English means avoiding legalese and using simple language that is easy to understand. This makes the contract more accessible to the parties involved and reduces the risk of misunderstandings. Avoid using complex sentences, technical terms, and legal jargon.
Make sure the parties are clearly defined
It is essential to clearly define the parties involved in the contract to avoid confusion. Use the full legal names of the parties and provide contact information, including addresses, phone numbers, and email addresses.
Avoid Legal Jargon and Archaisms
Legal jargon and archaisms can make a contract difficult to understand. Instead, use simple, clear language that is easy to understand. Avoid using Latin phrases, such as “inter alia” and “mutatis mutandis,” as they can confuse the parties involved.
Define Terms Clearly
Define all terms used in the contract clearly to avoid misunderstandings. Use simple language and provide examples where necessary. Avoid using abbreviations or acronyms that may not be familiar to the parties involved.
Use Headings and Subheadings
Use headings and subheadings to organize the contract and make it easier to read and understand. This also makes locating specific terms and conditions within the contract easier.
Format with lots of white space
Formatting the contract with lots of white space makes it easier to read and understand. Use bullet points and tables where appropriate to convey information clearly and concisely.
By following these tips, you can draft a contract in plain English that is easy to understand and reduces the risk of misunderstandings between the parties involved.
Reference Material on Plain English Contract Drafting
When it comes to drafting contracts in plain English, various resources are available to help ensure that legal documents are easy to read and understand. Here are some reference materials that can be used to improve contract drafting:
- The Plain Language Movement
The Plain Language Movement is a global campaign that advocates using plain language in legal documents. It aims to promote clear and concise language easily understood by the general public. The movement provides various resources such as guides, training materials, and templates that can be used to improve legal writing. - Plain Language Legal Writing
Plain Language Legal Writing is a book that provides guidance on how to write legal documents in plain English. The book covers various topics such as grammar, punctuation, and sentence structure. It also provides tips on avoiding legal jargon and using active voice to make legal writing more engaging. - The Plain English Campaign
The Plain English Campaign is a UK-based organization providing training and consultancy services to help organizations improve communication. The organization also offers various resources such as guides, templates, and training materials that can be used to improve legal writing. - The A to Z of Plain English
The A to Z of Plain English guide provides definitions and explanations of common legal terms in plain English. The guide can be used as a reference when drafting legal documents to ensure that legal terms are explained in a way that is easily understood by non-lawyers. - The Legal Writing Institute
The Legal Writing Institute is a professional organization that provides resources and training to legal writing professionals. The organization offers various resources such as webinars, conferences, and publications that can be used to improve legal writing skills.
Legal professionals can use these reference materials to improve their contract drafting skills and ensure that legal documents are written in plain English. This can help to reduce confusion and improve the readability of legal documents, making them more accessible to the general public.
Conclusion
In conclusion, drafting contracts in plain English is an important aspect of legal writing that cannot be overlooked. Clarity is key in contract drafting, and using plain English helps ensure the contract is easily understandable to all parties involved. Legalese and jargon should be avoided as much as possible, and defined terms should be used sparingly and clearly explained when necessary.
Personalising the contract’s language by using “you” and “your” can help make the contract more relatable to the non-legal audience. Additionally, clear language and active voice can make the contract more readable and easier to understand.
Bryan A. Garner, a renowned legal writing expert, emphasises the importance of using precise language in legal documents. He suggests that using plain English can help to avoid disputes and ensure that the terms of the contract are clear and unambiguous.
Federal agencies such as the Securities and Exchange Commission (SEC) and the Consumer Financial Protection Bureau (CFPB) have also emphasised the importance of using plain language in legal documents.
Joseph Kimble, a legal writing professor at the University of Michigan, has written extensively on the topic of clearer legal writing. His book, “Writing for Dollars, Writing to Please: The Case for Plain Language in Business, Government, and Law,” provides practical tips and advice for drafting contracts in plain English.
In summary, drafting contracts in plain English is a best practice that can benefit legal counsel and customers. It helps to ensure that the contract terms are easily understandable and can reduce the likelihood of disputes. By using clear language, active voice, and avoiding archaisms and title-case words, contract drafters can create contracts that are natural to read and easy to understand.
FAQs
When it comes to drafting contracts in plain English, there may be some questions that arise. Here are some frequently asked questions and their answers:
Plain English is a style of writing that uses clear, concise language and avoids legal jargon and complicated sentence structures. It is designed to make legal documents easier to read and understand for non-lawyers.
Using plain English in contracts can help to reduce confusion and misunderstandings between parties. It can also help to make the contract more accessible to non-lawyers, which can be especially important in consumer contracts.
Legal terms can be used in plain English contracts as long as they are explained clearly and in a way that is easy to understand. For example, instead of using the Latin term “force majeure,” a plain English contract might use the phrase “unforeseeable events beyond the control of the parties.”
There are several tips and best practices for drafting contracts in plain English, including:
– Use short sentences and simple language
– Avoid legal jargon and complicated sentence structures
– Define any technical terms or acronyms used in the contract
– Use active voice instead of passive voice
– Break up long paragraphs into shorter, more manageable chunks
– Use headings and subheadings to organize the contract into sections
By following these tips and best practices, you can help to ensure that your contract is written in plain English and is easy to understand for all parties involved.
