CBA Record November-December 2025

correctly—is just as accurate and precise as traditional legal language. And in many cases, plain language clears up confusion and exposes hidden ambiguity.” Plain language is not about short words or simplistic sentences. As Clement says, plain language means communication is “so clear that the intended audience can easily find what they need, understand what they find, and then use that infor mation.” It is about reaching the reader, not diluting the law. At the heart of ISO 24495-2 are four qualities every legal document should meet. A legal text should be: l Relevant: Readers get what they need. l Findable: Key information is orga nized so readers can locate it quickly. l Understandable: Wording, structure, and tone are clear. l Usable: Readers can act on what they’ve read without confusion. These qualities cover both words and design. The standard recognizes how a document looks matters. Headings, white space, bullet points, tables, and even graphics can help readers navigate com plex information. As Clement puts it, “Everything is about the reader.” ISO 24495-2 provides clear guide lines and examples for how to satisfy each pillar. To make the information findable, the standard discusses how to use head ings and introductions to structure docu ments for the reader. The standard goes on to highlight document design techniques that will help the reader find information. The checklist included in ISO 24495-2 is a gold mine for any writer seeking help with plain language. It starts with the basic question, “Have you identified the reader?” Knowing your audience is paramount for making the document relevant to the reader. The checklist continues by asking questions that point you to each part of the standard and guide you in making the information in your document relevant, findable, understandable, and usable. Lawyers can use the checklist to revise office forms or letters to a client. My The Four Pillars of Plain Legal Communication

NOTA BENE BY KATHLEEN DILLON NARKO

“It’s All About the Reader”: A New Standard for Plain Language in Legal Communication

L awyers have a bad reputation when it comes to writing. Often, we use convoluted terms and sentence structure that are difficult for nonlaw yers to understand. Contracts, statutes, and wills can be virtually unintelligible to the people we seek to serve. For years I have written columns advocating simpler, clearer language in place of legalese. Now there is a new tool to help: the Interna tional Organization for Standardization’s (ISO) Plain Language Standard, Part 2: Legal Communication (ISO 24495-2). Published in August 2025, the stan dard builds on ISO’s first plain language standard, which set out general principles for all forms of communication. Part 2 focuses those general principles on legal communication. It provides concrete steps for lawyers to write more clearly and to create documents everyone can under stand and use. Why a Standard Matters An ISO standard is more than a bar jour nal column advocating plain language. It is an international consensus among experts defining plain language in the legal context. I had the opportunity to talk with Julie Clement, deputy clerk of the Michigan Supreme Court and

president of Clarity (a nonprofit dedi cated to promoting plain legal language). She also chairs the ISO drafting com mittee. She and other volunteers spent years debating, responding to comments, and revising ISO 24495-2. She explains, “ISO’s goal is to create standards that rep resent a consensus of the experts in the field internationally. It doesn’t get pub lished until everyone agrees that this is the consensus around the world.” So, for the first time, we have a globally recognized agreement on how plain lan guage applies to law. Lawyers can use the standard to write clearer documents for clients and courts. Government bodies can promulgate statutes and regulations that those affected can understand. And it can promote access to justice—as the ISO notes, “Too many legal documents leave their readers struggling to make sense of the message. But all people have a right to understand their legal rights and obliga tions and to actively participate in legal processes that apply to them.” The myth that law cannot be written in plain language is deeply rooted. Lawyers have argued that precision requires com plexity and legalese. Clement rejects that view: “Today’s lawyers increasingly rec ognize that plain language—when used

Kathleen Dillon Narko is a Clinical Professor of Law at Northwestern Pritzker School of Law and a member of the CBA Record Editorial Board.

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