Plain English - How

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General Principles

The fewer words the better.

Organise your writing.

Edit your writing.

It is hard to write clearly. You have to work at it. Editing is harder work than writing. It takes three times as long. So write two thirds fewer sentences. But make them good ones. Take pride in your work. Be elegant.

Be self-critical.

We are lawyers: elegant writing doesn't come naturally to us. We had it trained out of us. The cultural weight of our education, training and professional development conditioned us to write in a certain way. To stop writing that way, we must be very self-critical.

Keep sentences short.

Keep subject, verb and object together

Prefer the active voice

Be personal.

Keep it positive

  • Prefer positives to negatives.
  • Avoid double negatives.
  • Recoil in horror from triple negatives.

Sexist language

You are writing for men and women. If you write “he” all the time you risk irritating half your audience. Writing “she” risks irritating the other half. Writing “s/he”, “he or she” or “it” risks irritating all of them. There are things you can do:

  • Write in the plural: Instead of “I am yet to meet a client who tells his lawyer to avoid write incomprehensibly” say “Clients don’t tell their lawyers to write incomprehensibly”.
  • Write in the first and second person: I’ve never had a client ask me to write incomprehensibly”.


Definitions

Enumerations

  • Break into subparagraphs:
  • Branch right, not left:

Singular versus plural

Provisos

Bad habits

Shall

And/or

For the avoidance of doubt

Including, without limitation

The Counterparty may, but shall not be obliged to

Numbering

Style

  • Use strong verbs, instead of modified weaker ones. Prefer "bellowed" to "Shouted loudly".
  • Avoid wimpy writing: Avoid "almost", "seems to".