CBA Record November-December 2025

recommendation? Start small and see how your communication improves. Why This Matters for Practicing Attorneys ISO 24495-2 is designed to be practical. It comes with checklists, guidance, and examples that lawyers can apply immediately. Fol lowing the guidance of ISO 24495-2 will improve your writing. While improving your communication skills is always worth while, following the standard promises even more benefits: l Clear, persuasive documents. Studies have shown judges

Studies show using plain language benefits clients directly. In his groundbreaking book, Writing for Dollars, Writing to Please, Joseph Kimble compiled dozens of empirical studies showing companies do better when they use plain language in their inter nal forms and customer communications. The companies saved money, experienced fewer mistakes, and received fewer com plaints. As Kimble has shown through years of research, plain language pays. ISO 24495-2 cites Kimble’s book in its bibliogra phy. Readers of this column may also recall my reviews of both the first and second edition.

Benefits to the Public The new ISO Standard recognizes the integral role plain legal lan guage plays in protecting the public. In a statement, the organiza tion emphasizes, “For individuals, the ability to understand legal information helps protect their fundamental rights: the ability to earn a living, obtain housing, make sound medical and financial decision[s], pursue and defend legal rights and more.” Plain language is especially important for non-lawyers. It enables them to find the information they need, understand it, and use it to protect their rights. Clement sees the ISO Standard as critical for access to justice. Citing the rising number of pro se litigants, she explains, “We can’t exercise our right to justice or carry out our legal obligations, if we can’t understand them. It shouldn’t be the case that you need hundreds of thousands of dollars to exercise your rights. You should be able to do some of that yourself.” Roadmap to Clarity ISO 24495-2 provides a clear roadmap for lawyers to produce plain language documents. Lawyers who follow it produce docu ments with information that is relevant, findable, understand able, and usable. We help ourselves, our clients, and the justice system. It’s time to join the international consensus favoring plain language.

prefer plain language. Given the choice between briefs written in traditional legal language and plain language, judges over whelmingly prefer plain language. Use every advantage and communicate your case in the most persuasive way possible. l Better client relationships. Clement suggests involving cli ents early in any drafting process. Ask what their needs are and understand how you can make the information you provide relevant, findable, understandable, and usable. Mis understanding terms of an agreement can lead to mistrust. “Clients are happier once they truly understand the strengths and weaknesses of their case. It makes the unfortunate losses easier to take,” says Clement. l Efficiency. Clear documents cut down on follow-up calls and wasted time—both with clients and your legal team. As Clement says, “This standard provides a clear description of what plain language is and how you can achieve it specifically with legal communication.” Benefits for Clients Clients hire lawyers to help them navigate the legal system. Too often, though, misunderstanding leads clients to feel cheated by the legal system, according to Clement. Plain language com munication makes it easier for them to understand their case, comply with deadlines, or implement contracts correctly.

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