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Clarity Number 62 November 2009 In this issue The Hon. Nathan Rees, MP Journal of the Opening address 5 international association Dr. Robert Eagleson Ensnaring perceptions on communication: promoting plain legal language Underlying obstacles to lawyers writing plainly 9 Wessel Visser The credit crisis has its roots in Main Street, not Wall Street 14 William Lutz Plain language and financial transparency: What you don’t understand can cost (or make) you money 16 Lynda Harris Making the business case for plain English 19 Ernest Gowers (Ann Scott) Plain words 22 Ben Piper Righting the wrongs of rewriting 30 Pam Peters Keynote address International trends in English style and usage 34 Candice Burt Laws set the framework for plain language in South Africa 41 Angela Colter Assessing the usability of credit card disclosures 46 Caroline Lindberg Developing plain language multilingual information about the law 53 The Hon. Michael Kirby AC CMG Closing address Plain concord: Clarity’s ten commandments 58 Clarity and general news How to join Clarity 15 Call for special papers 15 Thanks to Richard Woof 18 Guest editor for this issue: Coming conferences 21 Neil James Phil Knight retires from Clarity committee 33 Member news 65 Editor in chief: From the President 66 Julie Clement Members by country 67 Patrons The Rt Hon Sir Christopher Staughton, The Honorable Michael Kirby, and H E Judge Kenneth Keith Founder John Walton Committee President: Christopher Balmford ([email protected]) Members: Country Representatives plus Simon Adamyk, Mark Adler, Michèle Asprey, Peter Butt, Sir Edward Caldwell, Richard Castle, Annetta Cheek, Julie Clement, Robert Eagleson, Jenny Gracie, Philip Knight, Robert Lowe, John Pare, Daphne Perry, John Walton, Richard Woof. Country representatives Argentina Italy Slovak Republic Maximiliano Marzetti Christopher Williams Ing. Ján Rendek maximiliano.marzetti@ [email protected] [email protected] erasmusmundus-alumni.eu Japan South Africa Australia Kyal Hill Candice Burt Christopher Balmford [email protected] [email protected] [email protected] Lesotho Spain Bangladesh Retsepile Gladwin Ntsihlele Cristina Gelpi A.K. Mohammad Hossain [email protected] [email protected] [email protected] Malaysia Sweden Canada Juprin Wong-Adamal Helena Englund Nicole Fernbach [email protected] helena.englund@ [email protected] Mexico sprakkonsulter.na.se Chile Salomé Flores Sierra Franzoni UK Claudia Poblete Olmedo [email protected] Sarah Carr [email protected] The Netherlands [email protected] Finland Hélène Butijn USA Heikki Mattila [email protected] Prof Joseph Kimble [email protected] New Zealand [email protected] Germany Lynda Harris Zimbabwe Siegfried Breiter [email protected] Walter Zure [email protected] Nigeria [email protected] Hong Kong Dr. Tunde Opeibi Other European countries: Eamonn Moran [email protected] Catherine Rawson [email protected] Peru [email protected] India Ricardo León-Pastor All other countries: Dr. K.R. Chandratre [email protected] Please contact the USA [email protected] Philippines representative Israel Victor Eleazar Myla Kaplan Portugal [email protected] Sandra Ramalhosa Martins [email protected] Honor roll of donors to Clarity Clarity is managed entirely by volunteers and is funded through membership fees and donations. We gratefully acknowledge those financial supporters who have contributed to Clarity’s success: $2,500+ Plain English Foundation, one anoymous donor $1,000+ Christopher Balmford, Joseph Kimble, Julie Clement $500+ None $100+ None 2 Clarity 62 November 2009 This issue Raising the standard Dr Neil James Executive Director, Plain English Foundation Co-convenor, PLAIN 2009 This issue of Clarity takes “Raising the Stan- dard” as its theme. This was the title of the seventh biennial conference of the Plain Lan- guage Association InterNational (PLAIN) held in Sydney, Australia in October 2009. PLAIN 2009 sought to raise the standard in An international association three ways: promoting plain legal language • showing industry professionals how to www.clarity-international.net improve their communications • helping plain language practitioners to President strengthen their own practice Christopher Balmford [email protected] • exploring options for plain language to evolve as a profession. The 80 speakers at the conference came from Clarity … the journal 13 countries and presented 45 sessions to an Published in May and November audience of over 300. With such riches to draw from, representing the event in a single issue Editor in chief of Clarity was always going to be a challenge. Julie Clement We started with the keynote speeches and PO Box 13038 plenaries. PLAIN 2009 had the ideal opening Lansing, Michigan 48901 address from New South Wales Premier Fax: 1 517 334 5781 Nathan Rees, who promptly announced a [email protected] major plain English initiative in Australia’s largest state. Emeritus Professor Pam Peters Advertising rates kept up the standard with an excellent key- Full page: £150 note on the prospects for more consistent Smaller area: pro rata standards in international style. And we Minimum charge: £20 could have asked for no better finish than Contact Joe Kimble, [email protected] Michael Kirby’s dinner address, which showed that a High Court judge can turn Copyright policy plain language into fine oratory. Authors retain copyright in their articles. The plenaries highlighted two of the hottest Anyone wanting to reproduce an article in topics of the year: the global financial crisis whole or in part should first obtain the and the push for plain language laws. The author’s permission and should acknowledge articles from PLAIN President Bill Lutz and Clarity as the source. the Netherlands’ Wessel Visser discuss how Submissions poor language contributed to the global fi- nancial crisis. To these we’ve added Angela We encourage you to submit articles to be Colter’s case study on the usability of credit considered for publication in Clarity. Send card disclosure documents, which fed into submissions directly to editor in chief Julie the new credit laws Congress passed in 2009. Clement. Please limit submissions to approxi- mately 1,500 or 3,000 words. Clarity 62 November 2009 3 Plain language laws were also the subject of Yet Gowers’ speech also highlights how far the second plenary, which represented a we have come in 60 years. Plain language no country that already has them (South Africa) longer focuses solely on word choice and syn- a country poised to get a new Federal law tax as it did in his day. It involves design and (the United States) and a country just setting layout, topics also represented at the confer- out on that journey (New Zealand). In this ence. It involves new assessment tools such as issue, Candice Burt shares the South African Texamen, SEPADO and the Dialect Interface experience and the pitfalls other countries Survey (DIS). And it is forging ahead through might watch for. the work of the International Plain Language Working Group that is drafting an Options To maximise relevance for Clarity members, Paper on six issues that are vital for the de- the next papers we selected were also strongly velopment of our profession: related to the law. So we have Dr Robert Eagleson’s industry seminar exploring why • a standard definition lawyers write the way they do. Ben Piper’s • an international standard workshop looks at the dangers of plain lan- guage in legal drafting. Caroline Lindberg’s • the institutional structure showcase outlines a model plain language • certification and training project for developing multilingual informa- tion in the law. • the research base But already this was too much material for • advocacy. a regular Clarity issue, and we hadn’t even The group presented a preliminary report at represented the panels or conversations. For- PLAIN 2009, and its paper should be pub- tunately, Clarity was amenable to a longer lished in full in a future issue of Clarity. In the issue (albeit late) and the Plain English Foun- meantime, there is plenty to enjoy in this is- dation was able to cover the cost. sue to help you raise your own standard. So we added Lynda Harris’s speech on mak- © Neil James, 2010 ing a business case for plain language. Given [email protected] that Lynda runs one of the most successful plain language enterprises in the world— Dr Neil James is the Write Limited, the home of the Executive Director of the Plain English WriteMark—we could hardly do better than Foundation in a piece from her on the topic. Australia, which Then I couldn’t resist the temptation of an combines plain English original, unpublished piece from one of my training, editing and auditing with a intellectual heroes. This emerged from one of campaign for more the ‘in-conversation’ interviews with and ethical public language. about major figures in our field—such as Bill Neil has published three Lutz, Martin Cutts, Cheryl Stephens, Robert books and over 60 Eagleson, Ginny Redish and Peter Butt. articles and essays on language and literature. His latest book Writing at Work (Allen and Unwin, 2007) is a In one of these sessions, Ann Scott spoke practical book on the use of plain language and rhetoric about the biography she has just published of in the professions. Neil is currently chair of the her grandfather Sir Ernest Gowers, whose International Plain Language Working Group and was 1948 book Plain Words arguably did as much co-convenor with Dr Peta Spear of the PLAIN 2009 as anything else last century to popularise conference. our work. When Ann suggested there was an Further papers, video and photos of PLAIN 2009 are unpublished Gowers speech on the topic of available at http://www.plainenglishfoundation.com/ “plain words”, the opportunity was too good tabid/3276/default.aspx. to pass up. It is as relevant today as it was nearly 60 years ago when he delivered it to English teachers of the London County Council.
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