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