Volume 2, Issue 1
Fall, 2004
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PLAIN ENGLISH, PLEASE! by Carl Barrett
| WHY YOU NEED TO CONVERT TO PLAIN ENGLISH |
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As a student and researcher
of the technical writing field, I have come to realize that the Plain English
Movement is extremely important. Throughout the course of my study,
I know the Plain English Movement is the most significant revolution throughout
our nation. This revolution has changed the very complicated, legalistic, way of writing warnings in restaurants. This is evident in what is called the Food Stamp Program. This federally organized function originated in 1961, yet there were many examples of "legalese," defined by professional writer, Sheryl Lindsell-Roberts, as "an overreliance on legal terminology--or legal sounding terminology--when Plain English will serve the reader and the writer as well." As a result of the complicated wordings in the Food Stamp Program, Congress revised it by passing the Food Stamp Act of 1977. Check out the Plain English timeline to see the movement's progress over the past thirty years. This timeline was compiled by research extracted by Alan Siegel, specialist in language simplification, and Paula Pomerenke, a professor on the movement at Illinois State University. The following table lists some of the changes made between the two formats. |
| OLD | NEW |
| Notice of Expiration |
Continuing Your Food Stamps |
| Notice of Eligibility, Denial or Pending Status | Action Taken on Your Food Stamp Case |
| Tax Dependency Form |
Student Tax Report |
These are just a few of the many ways legalese has been simplified by the Plain English Movement. The art of simplifying complicated legal style and terminolgy has been greatly beneficial in many ways. For one, litigation with these cases has decreased dramatically as a result of clearer, more readily-understood information.
Before,
hot food and coffee warnings were written very complexly, in
order to, ironically, limit restaurant liability toward customers.
Alan
Siegel, a leading consultant in the Plain English movement and head of
a
New York firm specializing in language simplification, explains
why
legal documents were so complicated in the past. According to Siegel, they
"feature verbose protective clauses accumulated over the years in an
effort
to cover all possible contingencies. Many of these provisions
have
no practical value in the consumer marketplace." Thus, Siegel
explains
why the legal version of the English language has become so complex.
By simplifying the word usage of this type of language, consumers
can better
understand documents they read.
Take a look at the next WILD example of legalese. This one is part of a case involving the Citibank note.
Take a look at the next WILD example of legalese. This one is part of a case involving the Citibank note.
|
Before |
| In
the event of default in the payment of this or any other Obligation or
the performance or observance of any term or covenant contained herein
or in any note or other contract
or agreement evidencing or relating to any Obligation or any
Collateral on the Borrower's part to be performed
or observed; or the undesigned Borrower shall die; or any of the
undersigned
become insolvent or make an assignment for the benefit of creditors; or
a
petition shall be filed by or against any of the undersigned under any
provision
of the Bankruptcy Act; or any money, securities or property of the
undersigned
now or hereafter on deposit with or in the possession or under the
control
of the Bank shall be attached or become subject to distraint
proceedings or any order of process of any court;
or the Bank shall deem itself to be insecure, then and in any
such
event, the Bank shall have the right (at its option), without demand or
notice
of any kind, to declare all or any part of theObligations to be immediately due and payable... |
|
After |
| Default I'll be in default--- |
| 1. If I don't pay an installment on time, or |
| 2. If any other creditor
tries by legal process to take any money of mine in your possession. |
Clearly, any logical being should be in a maze of confusion trying to rely on the information in the first example. A massive overhaul of this type of language is needed in order to really convey its point to the consumer in a way that he/she can understand.
Today, some eating establishments are moving toward using simplified warnings, such as "HOT COFFEE" or "HOT PLATE" for drink and food they serve to their customers. Liability statutes use to be very lengthy, and some still are. However, by using the Plain English Movement, customers are able to understand what food establishments are liable or not.
Alan Siegel's The Plain English Movement, explains how this movement is necessary in today's world.
It has been argued that the fault lies with consumers, or with the educational system that does not train them to cope with with legalese, or accounting, or insurance terminology. But that argument is neither reasonable nor realistic. In fact, documents meant for consumers have been made much more difficult than they really need to be. Redressing the balance--- making sure that the documents consumers are expected to understand are made understandable--- is a matter of simple fairness, and simple efficiency. In the long run it's in the interests of business as well as the consumer. (Alan Siegel 1981)
Complicated legalistic terminology serves to help reduce civil litigation claims by its fancy wording, even in restaurants. However, the importance of the Plain English Movement is necessary in order for more people--both the consumer and the industry--to understand the liability issues in restaurants. Hopefully, they will be able to understand the frivolous nature of many of these suits and only file suit for monies which should be legitimately claimed.
Click here to see some of the frivolous claims against companies throughout the nation.
* HELP CELEBRATE PLAIN ENGLISH DAY ON DECEMBER 2, 2004 *