Plain language for professional prudence

PLAIN LANGUAGE FOR PROFESSIONAL PRUDENCE
Dr.HarmikVaishnav
School of Liberal Studies
Pandit DeenDayal Petroleum University –[PDPU]
Gandhinagar, Gujarat, India
“Any fool can make things bigger, more complex, and more violent. It takes a touch of
genius-and a lot of courage-to move in the opposite direction.” -Albert Einstein
INTRODUCTION
Language is considered as the most potent weapon of a lawyer, manager and leader
after his/ her domain knowledge or maybe with the respective domain knowledge. It is
the language that is useful when he/she wants to manifest erudition, practice rhetoric or
deliver a speech, insert obscurity in the minds of opponents, drive home a point,
negotiate the terms, make a bargain or appeal to the stakeholders. There is a little
he/she can do with the prevalent law, procedures, products and markets or precedents
already set but he/she can employ language skills. Language is certainly the most
important weapon or tool, depending on the manner it is used and the motive. It is the
language that puts the points effectively, narrates impeccably, gives a smooth flow to
the incidents or ideas and arguments, sharpens the manifestation of logic and
negotiation skills and displays the technical qualities of products.
The contemporary trend of Globalization in the field of business, technology,
international relations, and cross-cultural interaction experiences the use of language
more and more, especially the English Language. The language in the contemporary
world, like internet, has become a medium to bring the people from various cultures and
geographical areas to a level of common understanding, empathy and intellect. When
language skill is very important for a professional dealing with people and situations,
there are challenges about what type of language to be used. Lawyers use the legalese
and traditional language, leaders also employ sonorous rhetorical language and
managers too use jargon based language. This language may not appeal to the reader
or listener. When we are in the world of “user-friendly” things, we need to employ the
language that is also user-friendly. A lawyer will not always write for a lawyer or a
leader’s rhetoric may not be for the philosophers and poets and the manager does not
always write to fellow managers. The end user of the language must be able to
understand it. “He that will write in any tongue must follow this counsel of Aristotle, to
speak as the common people do, to think as wise men do; so should every man
understand him, and the judgement of wise men allows him.” [1] If a lay person can
understand the document with one reading, language has done its job well by hitting
the bull’s eye.

When we talk about various other mediums of communication, plain language is
already quite popular. In the field of business, advertising is one of the key mediums of
communication and reaching to the customers. Advertisements, from clips in
newspaper to TV ads, are created using catchy captions and plain language. Even
these catchy captions are in clear plain language so that the reader or listener
remembers it and understands instantly. Business negotiation or business meetings
become successful because of the use of plain language in verbal communication.
Facts and plain ideas in negotiation can be put forth only in plain language. And general
instructions, sharing of knowledge and ideas and feedback in meetings are all in plain
language. Imagine a negotiation table or a meeting room where pompous and verbose
language is used. There will never be any business; agreement is far-fetched with such
talk. It would look like a dramatic enactment of a Greek Classic but certainly business
doing firms.
The challenge and pertinence of using plain language is more so with the written
document where the drafter has enough time to deliberate upon, construct and re-
construct sentences. Moreover, there is always the influence of the tradition in drafting.
Traditional drafting style is more comfortable, it may not be always easy or clear, but
since one has grown with it, it comes naturally. The phrases and jargons are already in
the mind ready to be put on paper.
DISCUSSION
English is the most widely used language of communication but the concept of Plain
Language is applicable to any language of the world. We will limit the scope of
discussion on plain language here with the examples of English. It is a foregone
conclusion that the language of drafting official and legal documents is not for common
man to understand or write. This is more pertinent in the countries where English is
used as a second language and yet the only language of the courts; like India. This
language used in courts, board-rooms etc. is construed not as English but a hybrid form
of elite English that not even the English educated people can understand. This
language is again embellished with myriad of Latin legal maxims, management and
technical jargons, financial verbosity and philosophical loquaciousness. The language
is also structured with long intertwining sentences and clauses for which a single
reading is not enough to understand even with your good knowledge of English
language.
The expertise of any professional is the respective domain knowledge and technical
nitty-gritty, the procedural aspects and study of various cases. He/she employs this
education and experience accompanied with language for his clients and public at
large. A professional has to understand the complicated aspects of his/her domain and
transform it into simplified version for lay person. “Be short, be simple, be human.” [2]
This is possible only if he/she uses understandable-plain language and shuns the
temptation of being pedantic. There has been a lot of demand and talk of necessity
about the use of plain language for communication, especially drafting. Experts and
users from parliaments to court rooms, from board-rooms to company showrooms insist

on use of plain language which is free from the traditional and jargon based language
hitherto in vogue among the elite experts of various professions.
What is Plain Language? There may be different definitions and views about plain
language and there are innumerable examples showing what a plain language is.
Oxford Advance Dictionary defines plain language as ‘simply and clearly expressed
without using technical language’. “Plain language writing is just the practice of writing
English [or any language] in a clear and simple style.” [3] The definition of plain
language itself is plain and simple. Many experts have defined it in different words with
the same connotation like Dr Robert Eagleson, “Clear, straightforward expression,
using only as many words as are necessary. It is language that avoids obscurity,
inflated vocabulary and convoluted construction. It is not baby talk, nor is it a simplified
version of ... language” and Richard Wydick defining as, “Language that is clear,
concise and correct”.
Plain language does not mean colloquial or baby-talk. The characteristics of plain
language are:
 clarity and brevity
 precision,
 apt use of words,
 no superfluous words or jargons,
 familiar, concrete words
 reasonable length of sentence- 18 to 20 words per sentence in average
 one thought per sentence
 avoidance of doublets and pomposity
 use of verbs instead of nouns
 use of verbs to describe activities and process
 use of active voice instead of passive
 to produce full legal, official and professional effect
 avoid abuse of language found in traditional precedents
 to avoid confusion of thought and expression found in some traditional
precedents
 make documents shorter and save time and money for professional
 logical order of document
 sensible use of punctuation

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However, this list is general and not exhaustive. It may vary from context to context. Let
us take the comparison of active and passive voice. The active is more direct and
driving home the point. The passive is less direct and the syntax can be confusing. “The
passive voice can obscure who is to do something, causing the drafter to overlook
important matters.” [4]“ On occasions the passive is convenient-for example, where the
doer of an act is intentionally left unstated.” [5]. It depends on the discretion of the
drafter or speaker and only use of active or passive voice or use of nouns over verbs is
not the hallmark of plain language. Plain language is about clarity and precision. The
nature of plain language has above mentioned characteristics but not limited to them
only. It is also a wrong assumption that only a communicator with limited knowledge of
language and vocabulary uses plain language, on the contrary, one needs better
language and richer vocabulary to apply the discretion of its use. The same wisdom
applies in any field; a person with tremendous knowledge only can make things simpler.
The purpose of any language is to enable the sender to deliver the message clearly
and to the point and the receiver to understand fully the intended meaning. “Plain
language is not artificially complicated, but is clear and effective for its intended
audience. While it shuns the antiquated and inflated words and phrases, which can
readily be either omitted altogether or replaced with a more useful substitute. It does
not seek to rid documents of terms which express important distinctions. Nonetheless,
plain language documents offer non-expert readers some assistance in coping with
these technical terms. To a far larger extent, plain language is concerned with matters
of sentence and paragraph structure, with organization and design, where so many of
the hindrances to clear expression originate.” [6]
Many experts from various fields ranging from law, technology and science,
management and education still ponder and argue about the use of plain language in
their documents, reports etc. They have also shown their reluctance in its use. It is
perhaps a psychological lacuna that one shows the expertise and scholarship just by
using technical jargons, verbosity and freely quoting legends from respective fields. The
question comes, is scholarship or expertise in using jargons or understanding the
technicality behind them? Is expertise in technical verbosity or translating your technical
know-how to non-technical people in simple manner? To put it with examples, a
lawyer’s expertise is not in use of technical language but understanding the law and the
procedure, the manager’s expertise is not in management jargons but the concepts
behind them and putting the concepts into day to day management and the
technocrat’s expertise is in making gadgets which can be easily operated and user-
manuals which can be easily understood. “If investors are promised information and
they don’t get it in a form they can understand, they are being cheated.” [7]
When the contemporary world has defied geographical detachment and cultural
barriers for the sake of business, science and inter-mingling of people, language has to

bring them to a level intellectually and emotionally rather than separating them. The
modern world uses language to communicate faster and effectively. There is no
ownership or even rigidity in use of spellings and grammatical syntax is receding. Plain
language first of all gives clarity and precision to the technical person before drafting or
preparing a document. Step by step clear drafting of points will enable the writer to
ensure that nothing has been missed technically and clarity restored in his/her mind.
“The results are substantive; not merely cosmetic: improving the quality of writing
actually improves the quality of thoughts.” [8] A long document drafted in plain language
saves lot of time and hassles for the writer and reader. The receiver or reader will have
minimum queries and doubts because he/she can understand with one reading and will
trust instantly. Imagine a lawyer or manager sending a long document to his/her client
which is verbose. The client will keep coming for queries and there will always be doubt
lurking in the client’s mind. But if the document is simple and clear, a client who has not
studied law or who is just a purchase officer without technical knowledge will be easily
understand and accept. “A 2009 survey in Ireland showed that 89% of the people
surveyed would prefer banks to use plain English, and 20% say they would switch
financial institutions if they provided their information in a more user-friendly manner.”
[9] Time is saved in to and fro of queries.
Drafting in plain language also saves stationery. A document that normally takes 5
pages can be ready in 3 pages thus giving one more dimension of saving. The twin
effect of saving- time and stationery will help any organization to invest their energy to
more productive resources rather than drafting long documents, answering to
innumerable and repetitive queries and printing too many documents. Though it may
seem magical that how use of plain language can save time, cost but as the maxim
goes, small drops fill the ocean, and it is true and tested. “The Victorian Attorney-
General’s Department said it had saved over $400,000 a year in staff time after
rewriting and redesigning just one court form.” [10] After the UK government adopted a
plain English policy for government forms in 1982, various government departments
rewrote, redesigned and eliminated many thousands of forms. They estimated that they
saved millions of pounds as a direct result and that in 1984-85 alone they saved 4
million. USA also has a Plain Language Act. The law requires that federal agencies use
"clear Government communication that the public can understand and use." A 2006
comparative study of plain language court forms concluded that "plain language court
forms and instructions are better understood, easier to use, and more economical" [11].
The European Union too moved towards the use of Plain Language. In Germany there
is a dictionary of Plain Language and France the Constitutional Council ensured clarity
and intelligibility of their law through the use of Plain Language. If a lawyer or manager
can save up to 20% of his/her time and stationery, it will be substantial saving for the
entire firm. This can be saved through reduced time in drafting, reduction in queries and
less time in explanation and negotiation. The saved time can be used productively
elsewhere.
The innumerable advantages of plain language are beyond debate as it is the need of
contemporary times and the layman. The government machineries, banks and
industries have started practising it. The use of plain language is also quite simple. But
many a times for a seasoned drafter who has the experience of drafting in traditional

language, it seems daunting and simplification makes him/her uneasy. The drafter feels
as if clutch has been removed from his driving equation.
Plain language use deals with a few fundamentals of written communication. A drafter
has to keep them in mind while producing a document and while proof-reading. First of
all one has to be clear about the audience. The audience may be a non-technical
person or having education of some other domain. Plain language is also equally
effective if you are addressing audience with technical knowledge. One need not focus
on the verbosity but the technical aspect of the communication even while dealing with
people from the same domain. A judge may appreciate and comprehend a plea in plain
language from a lawyer or same may be with CEO’s document addressed to the board.
The target of plain language is not to cater to the non-technical audience but everyone.
Plain language focuses on clarity not technicality. “It does require that every effort be
made to make them intelligible to the widest possible audience.” [12]. The drafter also
then has to be clear about the purpose of the document. Is it meant for advertising? Is it
to get a response? Is it meant to comply? Is it for further discussion? etc. The flow of
the language, use of words and the syntax of the sentences may vary from purpose to
purpose. The drafter must also heed the tone and formality that the document shows. In
verbal communication the tone comes naturally but when drafting official or legal
documents the tone has to be taken care of consciously. Again, the audience and the
purpose have connection with the tone of the document. Precision in language and
inserting the right tone will enable the reader to understand quickly and clearly. Let us
see the examples below:
Traditional/ verbose language Plain language
There are four different proposals I want
you to review before our next meeting.
Please review these four proposals
before our next meeting.
It is the responsibility of our Production
Department to see that it meets the
requirements of our Sales Division.
Our Production Department must meet
our Sales Division’s requirements. [12]
Clarity is perhaps the soul of plain language. The purpose of communication is to clarify
or satisfy. One sends message to clarify information, ideas etc. or satisfy urges,
curiosity and anxiety. In both the cases, plain language meets the requirement. The
traditional drafting, especially legal drafting, believes that the more the complicated the
case or the law, the more complicated the draft. Should it not be the other way round? If
there is more complication, the explanation ought to be simpler. Clarity is first born in
the mind of the communicator. One has to take certain precautions for imbibing clarity.
Clarity of concept, purpose, words to be used and sentences to be put and even the
structure of the entire document to be considered. Simple words and smaller sentences
will help the drafter to give clarity to the reader. The best practices for clarity is to re-
read and check what sense the sentence or paragraph makes. It would also be a good
idea to ask a person with non-technical background to read or a person with limited
knowledge of the language to read and see what sense it makes. If a lay person can
read and understand in single reading, it is good use of plain language.
Let us see the following examples:

The Senate, having tried William
Jefferson Clinton, President of the United
States, upon two articles of impeachment
exhibited against him by the House of
Representative, and two-thirds of the
Senators present not having found him
guilty of the charges contained therein: it
is therefore, ordered and adjudged that
the said William Jefferson Clinton be,
and he is hereby, acquitted of the
charges in this said article.
After a trial on two articles of
impeachment against the President
William Jefferson Clinton, fewer that two-
thirds of the Senators present have found
him guilty. Therefore, it is ordered that he
is acquitted.
The Trustees may distribute funds
Provided that it has a surplus of funds
and provided that the beneficiaries are
over 21 and further provided that no
loans to beneficiaries are outstanding.
The Trustees may distribute funds if:
1. it has a surplus of funds; or
2. the beneficiaries are over 21; or
no loans to beneficiaries are outstanding.
[14]
The clarity of sentence construction is very important when it comes to language. There
should not be multiple clauses in a sentence, unnecessary use of phrases, repetition
and superfluous words must be curtailed. A good exercise is to break long complex
sentence with multiple clauses into smaller sentences. Smaller sentences are easier to
comprehend and step by step understanding takes place in the mind. When we talk
about language, punctuation plays an important role. In plain language the use of
punctuation is minimal. A long sentence with commas and colons must be avoided.
Plain language shuns the use of verbosity and pomposity of vocabulary and mixture of
tenses and clauses and many punctuation marks. A paragraph with many punctuation
marks does not show the language skills of the writer, it shows the opposite.
High-quality learning environments are a
necessary precondition for facilitation
and enhancement of the ongoing
learning process.
Children need good schools if they are to
learn properly [15]
This temporary injunction remains in
effect against both parties until the final
decree of divorce or order of legal
separation is entered, the complaint is
dismissed, the parties reach agreement,
or until the court modifies or dissolves
this injunction. This injunction shall not
preclude either party from applying to the
court for further temporary orders, an
extended injunction or modification or
revocation of this temporary injunction.
You must follow this order until the court
changes or ends it, your case is finalized
or dismissed, or you and your spouse
make an agreement. Either spouse may
ask the court to change or cancel this
order, or to issue new orders. [16]
Citigroup today announced a series of
repositioning actions that will further
reduce expenses and improve efficiency
across the company while maintaining
Citigroup today announced lay-offs. This
will save cost. [17]

Citi's unique capabilities to serve clients,
especially in the emerging markets.
These actions will result in increased
business efficiency, streamlined
operations and an optimized consumer
footprint across geographies.
We must strive to warrant that simplicity
is rigorously sustained so as to facilitate
comprehension.
Keep it simple.
One has to be conscious of what to avoid while using plain language. Plain Language is
for everyone, we all want to communicate in a manner that is clear and avoids
confusion. Professionals who resort to plain language can explain their subject in better
way and can concentrate on the knowledge rather than using verbose language which
may impress the opposite person but not make him/her understand. Plain language is
also quite considerate as you don’t waste time in forming sentences with grandeur, you
solve problems easily. A very important aspect of Plain Language is its inherent trait of
being open and honest. Since it avoids circumlocution and verbosity, it tends to be
transparent and sincere be it expressing feelings, ideas or solving problems.
As we saw some the salient features of plain language, let us also examine what to
avoid while using plain language:
 wordiness and redundancy
 overuse of the modal verb ‘shall’
 obscure language
 unusual word order
 superfluous words and adjectives
 foreign words and phrases
 unduly long sense-bites
 legalese and technical jargons
 use of noun phrases instead of verbs
 overuse of passive
 overuse of capitals [18]

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CONCLUSION
Plain language is good and clear, unambiguous and never muddled or confused. There
are no pitfalls of written language, misuse of vocabulary, mixed metaphors and
pedantic sentence constructions. It is common-sense skill for any professional who
wish to express fluently and clearly. It is professional prudence to use plain language
for legal, official and business communication and documentation.
A document has several functions like carrying out legal, official or business purpose,
communicating, informing and persuading. These documents create private laws and
binding for the parties and govern their relationship for a particular time and purpose. In
such cases it is prudence to use plain language. Plain facilitates instant clarity, ease of
drafting and interpretation, time and cost saving. A document in plain language can be
amended or scaled easily without much discussion or confusion. A manager can easily
amend or scale the terms of agreement etc. if it is drafted in plain language without the
active help of a lawyer. If the business of professionals is to give ease and comfort to
their clients and stakeholders, the business of plain language is to give the same to the
professionals while doing business. Plain language is a user-friendly tool where you do
not require an engineer to put the pieces together. Brevity with simple words and
structure with clarity and precision is the key. “Structure and precision play a more
important role in written language. The importance of precision and conciseness can
never be overemphasized. As Dr. Seuss puts it:
There’s so much to be read
You never can cram all those thoughts in your head
So the writer who breeds
More words that he needs
Is making a chore for the reader who reads.

That’s why my belief is
The briefer the brief is
The greater the sigh of the reader’s relief is. [19]
The people of the contemporary world have defied the geographical remoteness and
even overcome cultural barriers for which technology and language are responsible.
People want learning, alliance, attachment and have empathy overlooking cultural and
linguistic blockades. Like use of technology for communication, language plays an
important role in levelling them intellectually and emotionally. When there has to be
interface among various people and professionals, understandable and comprehensive
language is mandatory. The role of plain language, be it any language, comes into
being and will expand as the world opens up more and people mingle more and more.
REFERENCES:
1. Ascham Roger, Toxophilus, “To all gentlemen and yeomen of England”, 1545
2. Sir Gowers, Ernest “The Complete Plain Words”. Penguin Books, London. 1987.
Pg. 19
3. Asprey, Michele, “Plain Language for Lawyers”, Universal Law Publishing Co.,
New Delhi. 2011. Pg 12
4. Butt, Peter & Castle, Richard, “Modern Legal Drafting”, Cambridge University
Press, New Delhi. 2006. Pg. 153
5. Butt, Peter & Castle, Richard, “Modern Legal Drafting”, Cambridge University
Press, New Delhi. 2006. Pg. 154
6. Discussion paper 1, “Legislation, Legal Rights and Plain English”. Law Reform
Commission. Melbourne. 1986. Pg. 3
7. Mercer, M, “Plain Language Symposium: A Success by Any Measure”, Simply
Plain, Vol 2, Issue 2, Oct-Dec 2007. Pg. 2
8. Gopen, G & Swan, J, “The Science of Scientific Writing”, American Scientist,
Nov-Dec 1990
9. Research Commissioned by the National Adult Literacy Agency and the EBS
Building Society. See Walshe, J, “Jargon Buster debunks bank-speak.”
10.“Reader Friendly Campaign Materials”, published by the International Literacy
Year Secretariat, Canberra. 1990
11.Mindlin, Maria. “Is Plain Language better? A Comparative Readability Study of Plain Language
Court Forms”, Scribes Journal of Legal Writing, Vol. 10, 2005-2006. Retrieved November 28,
2011, from: www.transcend.net/library/html/PLStudy.html
12.“Plain English and the Law”, Victorian Law Reform Commission Report No 9.
1987. Pg. 45
13.Raman, Meenakshi& Singh, Prakash, “Business Communication”, Oxford
University Press, New Delhi. 2006. Pg. 243
14.Asprey, Michele, “Plain Language for Lawyers”, Universal Law Publishing Co.,
New Delhi. 2011. Pg 98
15."Before and after". Plain English Campaign. 24 July 2012. Retrieved 17 March 2013.
16.Mindlin, Maria. “Readability” (2010). Transcend Translations.

17.Derek Thompson (5 December 2012). "Citigroup Eliminates 11,000 Jobs in History's Most
Corporate-Jargony Paragraph Ever". The Atlantic. The Atlantic Monthly Group. Retrieved 17
March 2013.
18.Butt, Peter & Castle, Richard, “Modern Legal Drafting”, Cambridge University
Press, New Delhi. 2006. Pg. 127-128
19.Vishwanathan, Rajesh, “Business Communication”, Himalaya Publishing House,
Mumbai. 2010. Pg.329

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