A presentation for the 2011 Virginia Annual Statewide Legal Aid Conference.
Legal aid staff are frequently asked to help draft and review materials for the state's legal information website. This presentation will look at how to write so those with limited literacy skills can better understand and use the content. We will also talk briefly about why writing other materials, like advice letters and court documents, in plain language is important for legal aid clients, judges, and other attorneys.
3. Clear, concise, and correct.
– Richard C. Wydick
Professor of Law Emeritus
UC Davis School of Law
4. Why bother?
• Everyone appreciates
clarity.
• You empower your
readers.
• It saves time and money.
• People won’t dread
reading your writing.
• Plain language is a civil
right.
5. Plain Writing Act of
2010
The federal government must write all new
public documents in a “clear, concise, well-
organized” manner. They must use the best
practices of plain language writing.
6. As of October 13, 2011
Federal executive agencies must use plain
language in any new document that
– is necessary for obtaining any federal
government benefit or service or filing taxes
– provides information about an federal
government benefit or service, or
– explains to the public how to comply with a
requirement that the federal government
administers or enforces
7. Break It Into Pieces
Look at the big four:
– Register
– Reading interest and
persistence
– Visual accessibility
– Usability
8. Register
Use active voice and direct address.
Use→You can find information about the laws
here.
Not→Information about the laws can be found
by clicking here.
Use familiar words and phrasings.
Use→international
Not→intercountry
9. Register
Explain specialized terms.
Ex→ A rental agreement is also called a
"lease."
Ex→ A Power of Attorney for Property lets
someone else manage your money and
property for you.
Do not use foreign words, archaic, & noun-
heavy phrasings.
Use→methods for resolving a dispute
Not→ dispute resolution methodologies
10. Reading Interest &
Persistence
• Put the title at the top.
• Use headings.
• Organize your
information.
• Answer your reader’s
questions.
• Make it short.
• Chunk the text.
12. Visual Accessibility
• Use sentence case.
• Avoid text enhancers – bold, italic,
underline, strike-out, and reverse text.
• Chunk your paragraphs.
• Use headings.
13. Fonts
San Serif Fonts Serif Fonts
• Online documents • Printed documents
• Printed documents • Paragraph text
• Headings
• All Spanish, Chinese,
and Vietnamese
documents
14. More Formatting Hints
• Use system fonts.
• Use different font sizes.
• Do not justify if it creates “rivers of white.”
• Boxes may or may not be read.
• Use columns.
• Never hyphenate.
• Do not double space.
• Do not center paragraphs.
17. An Example: Before
If the loan isn’t paid, what can a borrower do?
As with any loan, it is the borrower’s choice when and
how to repay a payday loan. If you are unable to repay
a payday loan on time, you have choices other than
letting your check to the payday lender be cashed.
You also can do one or both of these things.
Stop payment on your check to the payday lender. Your
bank usually charges a fee of about $30 for this. A
stop payment is good for six months.
18. An Example: Before
Make sure all of the other checks written on the account
are paid, and then close the account on the check
which you gave to the Virginia payday lender.
It is not a crime to do either of these things. You can’t be
arrested for either of these things.
You don’t have to pay the “bad check charge” of $250, or
three times the check amount, whichever is greater.
All the Virginia payday lender can do file a lawsuit
against you and get a judgment for the amount of
your check, a bad check fee of $25, court costs, and
attorney’s fees of no more than $250.
19. An Example: After
What if I can't pay my loan back?
It's your choice when and how to repay your payday
loan.
You don't have to let the payday lender cash your check
if you can't repay your payday loan on time. You have
two other choices:
Tell the bank not to pay your check to the payday
lender. You may have to pay the bank about $30. This
is good for six months.
20. An Example: After
Close your checking account. Make sure any other
checks you wrote on the account are paid before you
close your account.
These things are not crimes. You can’t be arrested.
You don’t have to pay the “bad check charge.” (The bad
check charge is $250 or three times the check
amount, whichever is greater.)
The payday lender can sue you. If they win, you will
have to pay the amount of your check, a bad check fee
of $25, court costs, and attorney’s fees of no more
than $250.
22. An Example: Before
INSTRUCTIONS FOR SENDING A LETTER TO A DEBT
COLLECTOR TELLING THEM TO STOP CONTACTING YOU
On the reverse side of this page (or attached) is a form
letter you may use to write a debt collector and demand that
they stop contacting you. You should make additional copies
of the reverse side for your future use. Don't send them this
piece of paper!
At the top right-hand side, write your address and the date
on the lines provided. Next, on the left-hand side, address
the letter to the debt collector that has been contacting you.
23. An Example: Before
Below that, fill in your name as the "debtor," and the name
of the company (the "creditor") that you owe the money to
(not the name of the debt collection agency). Then fill in the
account number, which you will find on any letters or notices
sent to you from the debt collection agency.
Finally, sign your name at the end of the letter and print
your name below it so that it can easily be read.
Before you mail the letter, make a copy of the complete
form on a copier machine, to keep for you records. If you can
possibly afford to, mail the letter certified mail, return receipt
requested. This way you can easily prove in court they
received the letter if they later contact you and you sue them
for doing so.
24. An Example: After
Instructions
Send a Letter to a Debt Collector to Tell Them to Stop
Contacting You
This letter tells a debt collector to stop contacting you.
You may make as many copies of this form as you need.
25. An Example: After
To use this form:
1.Fill out the form.
●
Fill in your address and the date on the top right side.
●
Fill in the debt collector's address on the left side.
●
Fill in your name as the “debtor.”
●
Fill in the creditor's name. This is the name of the company
that you owe money. It is not the debt collector.
●
Fill in your account number. You can find this number on any
letters or notices the debt collector sent you.
●
Sign your name at the end of the letter.
●
Print your name below your signature.
26. An Example: After
2. Copy the form.
You need to keep a copy of the filled-out letter for your
records.
3. Mail the letter.
If possible, you should use certified mail and ask for a
return receipt. This proves that the debt collector got the
letter. Do not send them these instructions.
4. Keep your copy of the letter and the return receipt in
a safe place.
If the debt collector contacts you after they get the letter,
you can sue them. You will need the letter and return
receipt to prove they got the letter.
28. Your Turn
Social Security is a system enacted by Congress
designed to supplement your retirement income. It is
not intended to provide your sole source of income—it
merely adds to the pension benefits, savings plans, and
other investments that you will rely on during
retirement.
29. A Second Time
The earned income tax credit (EITC or EIC) is a
refundable tax credit for people who work but do not
earn high incomes. A tax credit usually means more
money in your pocket because it reduces the amount of
tax you owe. Those who qualify for a credit can reduce
or eliminate their federal tax liability. Because the EITC
is a refundable credit, any part of the credit which is not
needed for the reduction of a tax debt will be sent to
the taxpayer as a refund.
30. Resources
• Plain English for Lawyers
by Richard C. Wydick
• The Redbook: A Manual on Legal Style
by Bryan A. Garner
• Legal Aid Plain Language Library
https://sites.google.com/a/lawny.org/plain-language-
library/consolidated-library-example
• PlainLanguage.gov
http://www.plainlanguage.gov/
• Center for Plain Language
http://centerforplainlanguage.org/
31. Resources
• Simple Words and Phrases
http://www.plainlanguage.gov/howto/wordsuggestions/simplew
ords.cfm
• How to write Simple English pages
http://simple.wikipedia.org/wiki/Wikipedia:How_to_write_Simple
_English_articles
• Tests Document Readability
http://www.online-
utility.org/english/readability_test_and_improve.jsp
• OKAPI: Readability Assessment
http://www.lefthandlogic.com/htmdocs/tools/okapi/okapi.php
32. Credits
These photos are from Flickr with Creative
Commons license.
●
http://www.flickr.com/photos/-bast-/349497988/
●
http://www.flickr.com/photos/mshades/59990015/
●
http://www.flickr.com/photos/bludgeoner86/2136978127/
●
http://www.flickr.com/photos/butterflysha/122872445/
●
http://www.flickr.com/photos/extranoise/169187125/