EDO-CS-92-04 May 1992

Business people are unlikely to take language simplification efforts seriously if their superiors do not participate. For a pattern of consistently clear, understandable communication to take root in a given company, those in the highest levels of management must demonstrate through their own actions that improved communication is a top priority of the entire organization (Williams 1986). At the same time, organizations that embrace plain English appear to benefit from better internal communication and improved public relations (Dorney 1987). Indeed, a genuine belief in honest and responsive communication should be central to a company's values and culture. Plain English is one way to achieve this goal.
Communication, as an integral part of legal practice, performs separating, unifying, and prestige functions. Legal language has some of the features of a dialect which has evolved in ways that set it apart from standard English. Those seeking to reform legal communication must realize that there is more to the language of the law than its distinctive lexicon (Charrow, Crandall 1990). Simply replacing every "hereinbefore" and "to-wit" with more generally recognizable, contemporary terms may not be enough to assure that a legal document will be readable. Legal writers also tend to employ such devices as archaic prepositional phrases, the passive voice, and a characteristic set of articles and demonstrative pronouns (Charrow, Crandall 1990).
Woolever (1986) argues that the entire process of legal writing would be shorter, clearer, and more effective if writers would give as much attention to the politics of the rhetorical situation as they do to legal research. This requires: (1) understanding the three dramatic elements in the rhetorical situation (audience, purpose, tone); (2) recognizing how these elements apply to the major categories of legal writing; (3) determining who the audience for each document will be.
In the same vein, Comprone (1991) maintains that student writers can be taught to become rhetorically conscious when instructors involve them in complex considerations of purposes and audiences, on secondary and tertiary as well as primary levels. Organizational report writing, for example, is often directed to a primary audience of managerial decision-makers, a secondary audience of production personnel, and a tertiary audience of, perhaps, marketing or research specialists.
As engineers tend to spend a good deal of their time writing, many engineering schools now either include writing courses in their curricula or integrate writing instruction into existing courses (Hodes 1986). Carnegie Mellon University now offers a Master of Arts in Professional Writing (MAPW) for students seeking careers as document designers in business and government. Through coursework, internships, research, and teaching assistantships, the program seeks to help students (1) refine their writing, reading, and critical skills; (2) understand rhetorical theories underlying composition; (3) understand the structures and practices of English discourse more fully; and (4) comprehend the relationship between verbal and visual communication (Jones, Steinberg 1987). Higher education institutions such as UCLA have even instituted workshops to improve the writing of their own administrators (Hartzog 1983).
In the past few years academic interest in writing in the professions has accelerated, probably in large part because of the multidisciplinary aspect of the field (Kogen, 1989). And many academics are beginning to see that the discipline of professional writing can contribute much to our understanding of writing and communication in general.
"Texts produced by writers in the world of work are not only words and sentences, ideas and information, but also acts of discovery, negotiation, compromise, commitment, creation, persuasion, and control" (Matalene 1989).
Charrow, Veda R. and JoAnn Crandall (1990). "Legal Language: What Is it and What Can We Do about It?" ED 318 247
Collins, D. A. (1986). "Plain English in Warranties," in Sandler, Neil W., Ed. Plain English for Better Business. Summary of Proceedings of the Annual Washington Forum of the Council of Better Business Bureaus, Washington, DC. ED 284 246
Comprone, Joseph J. (1991). "Writing across the Disciplines: Where Do We Go from Here?" Paper presented at the Annual Meeting of the Conference on College Composition and Communication, Boston, MA. ED 331 053
Cox, Barbara G., et al. (1990). "Scientific Writing Courses for Pediatric Fellows." Academic Medicine 65, 652-53. EJ 416 946
Crandall, JoAnn and Veda R. Charrow (1990). "Linguistic Aspects of Legal Language." ED 318 248
Dorney, Jacqueline M. (1987). "The Plain English Movement." ERIC/RCS Digest. Urbana, IL: ERIC Clearinghouse on Reading and Communication Skills. ED 284 273
Hartzog, Carol P. (1983). "The UCLA Writing Program for University Administrators." Paper presented at the Annual Meeting of the Association of Faculty in Technical and Professional Writing, Santa Barbara, CA. ED 247 586
Hodes, Carol L. (1986). "Communications Skills: A Bonus for Engineers." Paper presented at an Informal Seminar at the Applied Research Laboratory. ED 311 884
Jones, G. H. and E. R. Steinberg (1987). "The Evolution of a Graduate Writing Program: The Master of Arts in Professional Writing at Carnegie Mellon University. CDC Technical Report No. 33." ED 281 220
Kaufer, David S., et al. (1983). "Revising Medical Consent Forms: An Empirical Model and Test. CDC Technical Report No. 2." ED 261 387
Kogen, Myra (Ed.) (1989). Writing in the Business Professions. Urbana, IL: National Council of Teachers of English. ED 303 816
Kuiper, Shirley (1985). "Readability and Effectiveness of Cancer Information Pamphlets: A Preliminary Assessment," in Bruno, Sam J. and John D. Pettit, Eds., Travel in Time. Tradition to Technology. Proceedings of the 1985 ABC International Convention. Chicago, IL.ED 263 450
Matalene, Carolyn B. (Ed.) (1989). Worlds of Writing: Teaching and Learning in Discourse Communities of Work. New York: Random House. ED 305 666
Meteer, Christine (1985). "Achieving Plain English: An Exercise in Legal Style." Paper presented at the Annual Meeting of the Conference on College Composition and Communication, Minneapolis, MN. ED 255 938
Sullivan, P. (1986). "The New York Experience...The Plain English Statute in Action," in Sandler, Neil W., Ed. Plain English for Better Business. Summary of Proceedings of the Annual Washington Forum of the Council of Better Business Bureaus, Washington, DC. ED 284 246
Werner, Warren W. (1987). "Reading in the Writing Class: Conventions, Socialization, and Revision." Paper presented at the Meeting of the Gulf Coast Council on the Teaching of Writing, Clear Point, AL. ED 285 184
Williams, Joseph M. (1986). "Plain English: The Remaining Problems." Visible Language 20 (2) 166-73. EJ 341 036
Woolever, Kristin R. (1986). "The Dramatic Elements of Legal Writing: The Role of Audience." Paper presented at the Annual Meeting of the Conference on College Composition and Communication, New Orleans, LA. ED 278 027
Digest#71 is EDO-CS-92-04 and was published in May 1992 by the ERIC
Clearinghouse on Reading, English, and Communication, 2805 E 10th Street, Bloomington, IN
47408-2698, Telephone (812) 855-5847 or (800) 759-4723. ERIC Digests are in the public
domain and may be freely reproduced. Additional copies may be ordered by contacting the ERIC
Document Reproduction Service at (800) 443-3742. This project has been funded at least in part with Federal funds from the U.S. Department of
Education under contract number RI88062001. The content of this publication does not
necessarily reflect the views or policies of the U.S. Department of Education nor does mention of
trade names, commercial products, or organizations imply endorsement by the U.S. Government.
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