Book reviews
by David HardieReview of Lifting the Fog of Legalese (Kimble)
The Journal, September 2006, page 49
I really like this collection of essays by plain language guru, Joseph Kimble. But I would do; the essays reflect my personal views.
If you take language seriously, you should read this book. It is relevant equally to practitioners and academics; private practice and in-house lawyers; private and public sectors; and general practitioners and specialists.
As a collection of essays, there is some repetition and, as it is written primarily for the US audience by a US author, some of the style and language may jar a bit with a UK audience. However, these small faults are easily forgiven.
Kimble’s crusade is to improve our profession by helping us to express ourselves in plain language. His passion for his subject shines through.
There are two main thrusts to the book:
- convincing us that we lawyers need to improve our skills of written communication; and
- helping us to do just that with practical suggestions.
- He succeeds in both aims.
- Kimble starts by reminding us of “some terrible truths”:
- most legal writing is bad; and
- most lawyers believe others’ prose should be plainer, simpler, shorter and clearer but resist changing their own style.
Kimble treats us to examples of long and flabby legalese and shows how it can be rewritten simply.
He explodes the myths put forward by lazy writers and those who seem to want to confound.
A couple of essays present interesting empirical testing of judicial opinions. The method was simple: ask lawyers to read two versions of the same opinion and say which one they like best and why. Guess what? Most liked the plain language version!
Another essay, “The Elements of Plain Language”, contains practical advice on how to write plain language. Many of us will have our own views. For example, when drafting letters and emails, I try to live by a “rule of 3”: be short; be simple; and be human. Kimble’s advice is more detailed and
helpful.
Other essays give further practical help:
- “A Wish List for Legal Writing”. If you want your writing to be clear and readable rather than lawyerish then read this essay.
- “Plain Words”, which suggests simple words to replace more complex ones. For example “although” in place of “notwithstanding the fact that”.
When it comes to some of our profession’s musty favourites like “aforementioned” and “hereinafter”, Kimble’s advice is simple – total abstinence. We may suffer withdrawal symptoms, but it is worth it in the long run.
There is a great deal of sensible, practical advice in this book. While I do not agree with every word, I do believe that if we were to follow Kimble’s lead:
- we would write for the reader and so our writing would be more concise and clearer.
- time and money would be saved as a consequence.
- businessmen, other professionals and the public generally may take a kinder view of our profession than they do now.
Kimble is well placed to give advice on plain legal language. Not only has he taught legal writing for more than 20 years but he recently led the work of redrafting the US Federal Rules of Civil Procedure.
He practises what he preaches.
There is a growing global movement towards plain legal language. Our Scottish profession is in danger of being left behind. For £13.21, you can find out what it’s all about and make up your own mind whether we should move with the times.
David Hardie, Partner and Head of Knowledge & Learning, Dundas & Wilson CS
Current Issue FeaturesBraving the stormHow different types of legal firm are coping with the current economic downturn, and how they see their future Civil justice: where next?An abridged version of the keynote address delivered to the conference on civil justice held in Edinburgh on 20 June Title Conditions Act: new registration proceduresNew procedures are in place for deeds intended to create new real burdens, to assist solicitors in complying with the requirement for dual registration Young lawyers rebornInterview with Scottish Young Lawyers Association President Maryam Labaki on SYLA's ambitions as it relaunches Shining some more light...Second part of overview of this year's Finance Act looks at the provisions on savings, pensions, residence/domicile and business taxes, among others Power to the tribunal?An advocate's and a solicitor's views of how the Scottish Government's proposed reforms to arbitration law might work in practice Piece by pieceA progress report from England & Wales on the setting up of the complex regulatory machinery under the Legal Services Act 2007 The poor in our midstInterview with Scottish Solicitors' Benevolent Fund convener Craig Bennet, who aims to raise awareness of the Fund so it can provide more help to those in need Current Issue ArticlesShifting sandsPresident's message: with economic issues dominating the profession's thoughts, the Society is taking steps to provide advice and support to those in need A rank bad ruleOpinion by two advocates that the Faculty's response to the OFT does its members a disservice by defending the cab rank rule and by resisting the use of ABS The Society's future role in complaints handlingA reminder, in the light of reactions to the first levy issued on behalf of the new Complaints Commission, of when and how the Society's responsibilities are changing Appreciation: Lord JohnstonReport of the tribute paid in court by the Lord President Professional Practice CommitteeNew guidelines on acting as a company director; and document control and file tracking Facing the lean yearsSome advice on how to pull through a recession and be ready for the next upturn, as word goes round of legal firms looking at staff cuts and other measures (part 1 of 2) It's a web 2.0 worldThe interactive nature of web 2.0 technology presents business opportunities, while posing new risks for those with inadequate precautions as to employee internet use Questions, questionsIn reviewing their risk profiles and risk controls, all firms might benefit from conducting a self-assessment by addressing questions put by some insurers elsewhere Bare necessitiesLatest criminal cases, including offensive weapons; Moorov rule; withdrawal of representation; evidence of a deceased; contempt of court by solicitor Coming on the blind sideA technical-sounding consultation, currently open for comments, covers some significant aspects of dispute resolution in employment Relocation, relocationA recent decision explores the matters to consider when one parent wants to relocate abroad along with their child Worse than the disease?Has the UK quietly outlawed "alternative" medicine through the Consumer Protection from Unfair Trading Regulations? Sleeping bountyThe Scottish Community Foundation has a scheme to breathe new life into dormant charitable trusts Scottish Solicitors' Discipline TribunalReports relating to Eileen Agnes Coogans; Zosia Marion Elizabeth Fraser; Annaline Webster; Ian Samuel Gerard Donnelly; Mark David Sheppard Website reviewsReviews of sites of organisations concerned with domain name disputes Book reviewsReview of Child and Family Law (Sutherland) Industry standardA survey south of the border suggests that in-house work in commerce and industry doesn't always match expectations - but most in-house lawyers expect to stay Meet the committeeProfile of In-house Lawyers Group committee member Sara Scott What's in a motto?A sample of In-house Lawyers Group members' notarial mottoes, collected by ILG secretary Tricia Sim Leasing by example"Green leases" appear to be some way off yet for the UK, but a Canadian model now published shows how they might work Good call?Reply to article questioning the Donald Trump planning application call-in argues that the decision is both competent and consistent with proper operation of the system Home reports - the practice questionsOpen letter over reservations as to the Society's proposed guidelines on the operation of home reports, in so far as they deal with conflict of interest |