On Critical Law Students’ Attitudes Towards Plain Language.

Authors

  • Aleksandra Łuczak

DOI:

https://doi.org/10.56498/1212024614

Keywords:

teaching legal English, plain English, plain language, legalese, writing, drafting

Abstract

The Plain Language Movement has had a lasting impact on legal drafting. It is now legally
mandated in several countries, including the USA, Canada, Australia, New Zealand, and Finland. In
Poland, civil servants are required to communicate with the public using plain Polish. Over 50 public
administration offices in 2018 and more than 20 banks in 2021 signed the Declaration on the plain
language standard. These institutions are committed to enhancing their employees' competence in
clear communication, creating language standards that facilitate customer understanding, and
promoting sensitivity to diverse needs.
This commitment extends to legal professionals as well. International law firms, public
institutions, legislators, examiners, contract drafters, proofreaders, and legal English teachers are
actively promoting plain language standards. Their collective efforts, regardless of the national
language, culminated in the publication of the ISO Plain Language Standard ISO/FDIS 24495-1 in the
summer of 2023. The benefits of improved communication are far-reaching: readers can quickly
access essential information and use it to meet their needs.
Polish law students, studying legal English, resist embracing the new standards. They view
them as a threat to their profession. These students prefer convoluted legalese, which they believe
helps them earn money by explaining intricacies to clients. Interestingly, plain language was
unfamiliar to them until university, where younger generations are introduced to this concept.
The paper will discuss the results of my research conducted among first-year law students at
Kozminski University. Its aim was to:
 investigate students’ attitudes towards plain English,
 check their ability to understand legalese as contrasted with plain versions of the same text,
and
 understand why they prefer learning and using legalese to plain English.
The paper will also investigate potential strategies for addressing students' reluctance
towards plain English and offer practical recommendations for developing and promoting this
concept among future lawyers.

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Published

2024-07-08