A document is in plain language if users can— Find what they need Understand what they find Use what they find to meet their needs
What makes up plain language? Logical organization “You” and other pronouns The active voice Common, everyday words Short sentences Easy-to-read design features
What happens when users don’t understand your document? You may have to Answer phone calls Write explanatory letters Make an explanatory document Litigate
Identify your audience Think of why user needs to read document Keep in mind average user’s level of technical expertise Write to everyone who is interested, not just to experts Even an expert doesn’t want to work to understand your document
Organize to serve the reader Identify with your average reader Anticipate questions readers are likely to ask Organize document to answer questions in the order that readers will ask them
Use question-and-answer format Vague, one-or two-word headings force user to work harder Reader comes to document with questions Using questions helps reader identify with rule Q&A tells the reader that this is a different kind of document Q&A is used in many existing rules and other documents (insurance policies, stock prospectuses)
Be careful with question headings Don’t put the answer in the question Don’t say 5.926Am I eligible for benefits if I am the widow of a veteran, have never been remarried, and have no children Say 5.926When am I eligible for benefits?
Use “you” and other pronouns to speak directly to readers Why use pronouns Pronouns pull readers into documents and make it relevant to them The reader needs to do less “translation” Pronouns eliminate lots of words
Use “you” and other pronouns to speak directly to readers Use “we” to refer to your agency To refer to the reader, use “you” in the text, use “I” in questions Define “we” and “you” in definitions section or in the text
Using Pronouns Without pronouns – To establish eligibility for a grant, an applicant must show that the applicant is an Indian and that the present housing of the applicant is substandard and inadequate With pronouns – To establish eligibility for a grant, you must show that you are an Indian and that your present housing is substandard and inadequate
Two ways to identify passive voice The person doing the action follows the verb Example: The man was fired by his boss. The verb has two parts: the verb “to be” plus the past participle of another verb Example: The house was rented by the man.
Passive VoiceActive Voice Can disguise who does what: The memo was written Yesterday. Makes it clear who does what: The Director wrote the memo yesterday.
Passive VoiceActive Voice Creates awkwardness: Consultations from respondents was obtained to determine the estimated burden. Eliminates awkwardness: We consulted with respondents to determine the estimated burden.
Passive VoiceActive Voice Increases the number of words: The application must be completed by the applicant and received by the financial office at the time designated by that office. Cuts down the number of words: We must receive your completed application by the deadline that we establish.
Use short sections and paragraphs Use one subject in each section More sections mean more “signposts” for readers Shorter units of text are more manageable, less intimidating Layout helps reader see the structure of your rule; white space and headings are clues to what’s important
Use Short Sentences Short sentences avoid confusion Treat only one subject in each sentence Average sentence length: 20 words Maximum sentence length: 40 words Use your computer to count words
Use no more than 2 or 3 levels of subordinate paragraphs Too many levels: Confuse the reader Result in lengthy citations Example: 25 CFR 523.36(a)(1)(i)(A) Obscure the main point
Use “must” instead of “shall” to convey requirements Use “must” for obligation Use “must not” for prohibitions A “Shall” is ambiguous – can indicate future “Shall” is not used in everyday speech
Avoid confusing words and constructions Avoid – Undefined abbreviations and acronyms Using two different terms for same thing (don’t use car, vehicle, auto, and conveyance – choose one) Giving an obscure meaning to a word (defining “car” to include trucks)
Oxford Union Society Rules Any member introducing a dog into the Society’s premises shall be liable to a fine of one pound. Any animal leading a blind person shall be deemed to be a cat.
Avoid confusing words and constructions Avoid – Legal or technical jargon Strings of nouns (surface water quality protection procedures) Stilted, wordy language
What are they saying? As with the progenitor of the scion, in such similar manner it may occur with the scion. Pulchritude does not penetrate below the dermal plane. Lithodial fragments ought not to be forcibly projected by inhabitants of vitreous abodes A perissodactyl ungulate may be propelled toward a body of aqueous fluid, but such ungulate cannot be compelled or forcibly induced to imbibe such fluid.
Place words carefully Keep subjects and objects close to their verbs Put conditionals such as “only” or “always” next to words they modify Don’t misplace modifiers Put exceptions and long conditions after the main clause, not before or in the middle
Does word placement make a difference? Yesterday a mad dog bit five men in the north end. We will publish a list of properties that qualify for relief under this subpart each October.
Where do exceptions and qualifications belong? Upon request of an Indian tribe, the Secretary may provide that the purchaser of the forest products of such tribe, which are harvested under a timber sale contract, permit, or other harvest sale document, make advance deposits, or direct payments of the gross proceeds of such forest products, less any amounts segregated as forest management deductions pursuant to § 163.25, into accounts designated by such Indian tribe.
Why use vertical lists? Vertical lists – Make it easy for the reader to identify all items or steps in a process Add blank space for easy reading Help your reader to see the structure of your document
Find the list in this sentence You must submit a tribal resolution or other document, including the date and place of adoption and the result of any vote taken, that certifies that you have adopted the tribal revenue allocation plan according to your governing documents, or absent such documents, according to your usual customs.
The items in your list must match the introductory language Each compact must contain: 1)Provisions required by the Tribal Self- Governance Act of 1994; 2)Are in compliance with other applicable Federal law; and 3)Are consistent with this part.
Why use tables? Tables – Make it easy to take in complex material at a glance Make it easy to locate specific provisions Save words Make the logic and structure of your rule clear for the reader
Find the table in this sentence We must receive your completed application form on or before the 15 th day of the second month following the month you are reporting if you do not submit your application electronically or the 25 th day of the second month following the month you are reporting if you submit your application electronically.