tag:blogger.com,1999:blog-187202792023-03-22T05:36:27.511+11:00Plain Legal LanguageThe commercial success of plain language in Australia flows directly from plain-language advocates proving that documents - even legal documents - that are accurate, certain, precise can also be clear and reader-friendly.
Today, commercial clients of Australian law firms are prepared to pay for legal services that are plain. One day, clients everywhere will refuse to pay for legal services unless they are plain.Christopher Balmfordhttp://www.blogger.com/profile/10523163901707072515noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-18720279.post-1146469530016717652006-05-01T15:12:00.000+10:002006-05-01T17:45:30.326+10:00Getting the structure right: The ProcessProfessor Joseph Kimble has described the process of sorting information and has developed an analogy that helps us not only to see more clearly what we do, but also to do it: to get the structure right. With Joe's kind permission, I use his material in the plain-language training courses I run (and in this article). His approach and analogy stay in people's heads. They tell me so — sometimes Anonymousnoreply@blogger.com1tag:blogger.com,1999:blog-18720279.post-1145529809931649722006-04-20T20:34:00.000+10:002006-04-20T20:44:58.150+10:00Getting the structure right: The ParadigmThose are the guiding principles, the hallmarks of good structure, or perhaps the goals we are trying to score. And to that extent they are useful. But they don't tell us how to score the goals. To find out how to do that, we need to have a paradigm and a process, and we need to be persistent.The paradigmMy favourite paradigm for the writing process was developed by Dr Betty S. Flowers and is Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1143699127923717372006-03-30T17:02:00.000+11:002006-03-30T17:12:08.023+11:00Getting the structure right: process, paradigm, and persistencePart 2:The story so far...In the previous posts of this article:* highlighted the importance of getting the structure of a document right for its audience and its purpose; and * reviewed the structure of three documents to show how poor structure inhibits communication. This second part focuses on a paradigm and a process that help us to get the structure right - as long as we are persistent. Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1141725943711528662006-03-07T20:35:00.000+11:002006-03-07T21:12:51.613+11:00Clause 231 of the Corporations Amendment Bill 1991: How To Organise The Information In Documents - Part 4Example 3: Clause 231 of the Corporations Amendment Bill 1991This clause was proposed as part of a wide-ranging attempt to prevent company directors from gaining improper benefits from their position. It is a long clause. It runs for 25 subclauses on four full pages. There is only one heading for all that information, and it is right at the start.Here is my summary of the information in each Anonymousnoreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1141201905087783762006-03-01T18:36:00.000+11:002006-03-01T19:31:45.416+11:00Australian Securities and Investments Commission, Class Order 94/ 1289 : How To Organise The Information In Documents - Part 3The Australian law regulating the structure and activities of companies is called the Corporations Law. It is administered by the Australian Securities and Investments Commission (ASIC). The Commission has the power to issue "Class Orders" to modify the law as it applies to certain persons or classes of persons. [Section 1084(2) Corporations Law]The example we are going to look at is Class Anonymousnoreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1140763561346519732006-02-24T17:32:00.000+11:002006-02-24T17:52:06.146+11:00How To Organise The Information In Documents: The Guiding Principles - Part 2Here then are the goals, the guiding principles:* put the main message first;* put closely related material together;* put material in an order that makes the best sense to the reader;* use headings liberally and rigorously;* make sure that pieces of information with comparable heading levels have comparable weight, and comparable levels of importance; and* use a numbering system which forces youAnonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1140674691418745052006-02-23T16:50:00.000+11:002006-02-23T17:06:10.043+11:00How To Organise The Information In Documents: Getting the Structure Right - Part 1Process, Paradigm, and PersistenceThe NeedWe need more information about how to organise the information in documents. We have lots of information on language and a fair bit on design; but there isn’t so much on structure. Also, what we do have on structure tends to be more about the hallmarks of a well-structured document rather than about how to create one — more about the goals themselves Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1139554796635012402006-02-10T17:55:00.000+11:002006-02-10T18:03:52.226+11:00Conclusion : Plain Language: beyond a ‘movement’ - Part 10Plain language has grown beyond being a movement to become a product, a business, an industry, or a professional service. In the early twenty-first Century, it is almost misleading for plain-language practitioners to talk about their product as a movement. Yet much remains to be done to improve the clarity of legal, and related, documents. The success to date has been achieved by focussing on: Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1139470191255557152006-02-09T18:25:00.000+11:002006-02-10T18:05:45.926+11:00Delivering plain language: structure and responsibilities : Plain Language: beyond a ‘movement’ - Part 9Although there is neither the room, nor the need, to say much here about causing organizational cultural change, there are two points worth making because they are particularly related to communication. 9.1 Someone to take responsibility for how the audience receives the message In most organisations, a team of people contribute to the style and content of a document. Between them, those peopleAnonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1139375021692497522006-02-08T15:59:00.000+11:002006-02-10T18:10:44.603+11:00A possible new position for plain language : Plain Language: beyond a ‘movement’ - Part 8Plain language is a movement no more. The legal profession has known this for some time. However, in the minds of key decision-makers in business and government, plain language is too often still seen as a movement. We need to remedy that by repositioning plain language in the minds of those decision-makers. It's worth doing because those people bare responsibility for enabling plain language toAnonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1138943689302484202006-02-03T16:13:00.000+11:002006-02-10T18:12:39.363+11:00If plain language is "beyond a movement", what is it? [Part 7]Plain language has indeed evolved to become more than a movement. In fact it's now 4 different things:• one of them somewhat burdensome for business—though great for consumers; and• the other 3 ripe with opportunities and promise for all. 7.1 The burden Plain language can be burdensome when seen as something that a regulator requires an organization to comply with—as with the SEC regulations inAnonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1138691065821512982006-01-31T18:02:00.000+11:002006-02-10T19:33:17.316+11:00Establishing Some Threshold Realities : Plain Language: beyond a ‘movement’ - Part 6Before we move on to consider how the plain-language movement can reposition itself, let's confirm 2 things - just in case there's any doubt:• Plain language involves more than mere word substitution, see 6.1. • Plain language is just as accurate, as certain, and as precise as traditional legal drafting. Indeed, it is almost always more accurate, more certain, and more precise. Even judges Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1138598890820574882006-01-30T16:25:00.000+11:002006-02-10T19:38:55.723+11:00Rebutting the misconceptions about a "movement" : Plain Language: beyond a ‘movement’ - Part 5So plain-language progress is impeded by two closely related misconceptions:• misconception 1, plain language is a movement; and• misconception 2, because plain language is a movement, it is relevant only for retail consumers. That these 2 views are misconceptions is made clear when one considers what's happening on the plain-language front in business. Let's consider:• the Canadian financial Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1138157947589537032006-01-25T13:56:00.000+11:002006-02-10T19:40:08.623+11:00Is there a problem referring to the "plain-language movement"? : Plain Language: beyond a ‘movement’ - Part 4It seems to me that continuing to refer to the "plain language movement" raises 2 problems. • First, as I mentioned earlier, there is a minor conflict of interest. Plain-language practitioners can end up sending a mixed message, something like: "Join the cause and … umm… err… use my services". One day, that conflict may turn out to hurt the cause. • Second, and more importantly, I fear that the Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1138073081851330592006-01-24T14:21:00.000+11:002006-02-10T19:41:34.603+11:00The success of plain-language : Plain Language: beyond a ‘movement’ - Part 3Initially, the plain-language movement focussed on the social benefits of clear legal communication: improving access to justice, and enabling consumers to make more informed decisions. [See LAW REFORM COMM'N OF VICTORIA, LEGISLATION LEGAL RIGHTS AND PLAIN ENGLISH (1986). See also CHRISTOPHER BALMFORD, Adding Value by Writing Clearly, THE SOUTH AFRICAN LAW JOURNAL, 514 at 533, Vol 111, Part III,Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1137644470077812622006-01-19T15:19:00.000+11:002006-02-10T19:42:45.903+11:00Making a living: supporting the cause : Plain Language: beyond a ‘movement’ - Part 2I’m not suggesting there’s anything wrong with people making a living out of plain language: quite the contrary. Indeed, my plain-language activities have been feeding my family these last 10 years. I’m not alone:• there are people teaching plain-language legal writing in law schools;• there are people rewriting documents for paying clients; and• there are people working in, or as consultants Anonymousnoreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1137577615704155792006-01-18T20:41:00.000+11:002006-02-10T19:43:53.260+11:00Plain Language: beyond a ‘movement’ - Part 1Repositioning clear communication in the minds of decision-makers1. IntroductionFor hundreds of years, people have bemoaned the unintelligibility of legal documents and campaigned to make them clearer. Increasingly, that activity has been described as a movement—the "plain-language movement". Yet talking about plain language as a "movement" (in the sense of a quasi-political, society-changing Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1136176498017760032006-01-02T15:26:00.000+11:002006-01-02T15:34:58.383+11:00Plain Language Offers Big Opportunities For Lawyers And AccountantsLawyers and Accountants - take note: Today's clients are increasingly prepared to pay for documents they can understand. One day soon, they'll refuse to pay for documents they can’t understand.Plain language has become a distinguishing feature for service providers. It's also central to triple bottom line reporting and to corporate transparency and accountability.The documents you write form theAnonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1133412392505982022005-12-01T15:37:00.000+11:002005-12-01T15:46:32.680+11:00Important Self-Managed Super Fund changesThis month's ClearLaw covers issues affecting SMSF's. Cleardocs has made some important changes to our SMSF Deed:Contribution Splitting: draft regulations to allow spouses to split super contributions between accounts or funds. Defined Benefit Pensions dealine: 31 December 2005 is the last day of the transitional relief period for those funds eligible to update their Deeds to include Defined Anonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com0tag:blogger.com,1999:blog-18720279.post-1131351915203949952005-11-07T19:19:00.000+11:002005-11-07T19:28:20.420+11:00Online Legal DocumentsFor years, law firms have been promising ‘greater efficiencies’, but the growth in online providers for some standard legal documents seems to actually be delivering on at least part of that promise. Dan Peters from www.cleardocs.com looks at how going online delivers benefits to all parties, and explains what’s in it for you. Accountants and other professional service providers have knownAnonymoushttp://www.blogger.com/profile/10523163901707072515noreply@blogger.com