Page 12 - StrategenArticle
P. 12

THE SUPERIORITY OF PLAIN LANGUAGE

               The advantages of adopting plain language in contract agreements are manifold. Studies and practical
               experiences alike underscore the effectiveness of this approach. For instance, GE's initiative to convert a
               complex clause into a straightforward sentence not only made the agreement more accessible but also
               significantly reduced the "turns" or back-and-forth negotiations between counsel and client. What was
               once a convoluted section of 417 words, spanning five subsections and nine sentences, was distilled into
               a  single,  comprehensible  sentence:  "During  the  contract  term,  we  will  comply  with  all  of  our  legal
               obligations."  This  transformation  exemplifies  the  power  of  plain  language  to  clarify  intentions  and
               obligations unequivocally.

               The impact of this simplification is profound, reducing negotiation cycles from an average of nine to
               approximately two, thereby slashing costs and accelerating the agreement process. Such efficiency gains
               are not just theoretical; they are tangible benefits that enhance the legal framework's functionality and
               accessibility.


               PITFALLS OF COMPLEX LANGUAGE
               Complex language in contracts not only obfuscates understanding but also lays fertile ground for disputes.
               The original clause in GE's contract, with its excessive length and intricate references, epitomized the
               pitfalls of legalese. It created a barrier to understanding, making it difficult for all parties to grasp their
               obligations fully. This complexity can lead to misunderstandings, increased litigation risk, and strained
               relationships between contracting parties.

               Moreover,  the  reliance  on  intricate  language  and  legal  jargon  often  results  in  documents  that  are
               inaccessible to those without specialized legal training. This inaccessibility undermines the very purpose
               of contracts—to establish clear, mutual agreements—and can lead to disputes that could have been
               avoided with clearer language.

































                                                             12
   7   8   9   10   11   12   13   14   15   16