The Gazette 1991

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GAZETTE JANUARY/FEBRUARY 1991
Meeting with Land Registry 9
Lawbrief 11
Younger Members News 19
Retirement of Mr. Justice
Sean Gannon 21
Professional Information 41
Executive Editor:
Mary Gaynor
Committee:
Eamonn G. Hall, Chairman
Michael V. O'Mahony, Vice-Chairman
John F. Buckley
Patrick McMahon
Daire Murphy
Advertising:
Seán Ó hOisín. Telephone: 305236
Fax: 307860
Printing:
Turner's Printing Co. Ltd., Longford.
*
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save where otherwise indicated, are the
views of the contributors and not
necessarily the views of the Council of
the Society.
The appearance of an advertisement in
this publication does not necessarily
indicate approval by the Society for the
product or service advertised.
Published at Blackhall Place, Dublin 7.
Tel.: 710711. Telex: 31219. Fax: 710704.
A • p p T Y r1 INCORPORATED
I L LA WSOCIET Y
iLsrJanuary/February 199
Viewpoint
PLA IN ENGLISH IS ON THE
MARCH
The revolt against gobbledegook,
whether statutory, legal or com-
mercial, is gaining ground in many
common law jurisdictions. Legisla-
tion has been a prime target, so too
has banking documen t a t i on.
Perhaps insurance policies should
be given urgent priority! Now it is
the turn of legal writing. The Law
Society of England and Wales has
recently published "Clarity for
Lawyers", a compendium of letters
and more f ormal documen ts
identifying lack of clarity and
suggesting simpler alternatives.
Conveyancers might be reluctant
to abandon all of their traditional
style of writing. The sanctity of
previous judicial interpretation of
words and phrases will be called an
aid. It is true that certain words are
not mere jargon but have precise
technical meanings but does that
really extend to "hereinbefore
recited" and " by divers mesne
assurances events and acts in the
law". The draftsmen of our current
crop of occupational leases have
much to answer for, though the
dream of a statutory standard form
of lease is not likely to be achieved.
The almost-forgotten, because
never used, forms in the Leases Act
of 1845, are a sad example of an
earlier attempt to deal with this
problem.
Using well worn precedents is
comforting. It avoids the need for
the exercise of the true discipline of
drafting. There are those who
would argue for the preservation of
the mystique of the law. If the client
can understand the document
perhaps he would be tempted to
draft it himself. The obverse of the
coin is that if the client does not
understand the document or it has
not been explained to him, greater
liability may lie with the draftsman.
Does adherence to old-fashioned
drafting styles hide a deficiency in
the teaching of English in our
schools? If we are to aim at simple
English it will require a greater not
a lesser command of the language.
Canadian legislation which, of
course, is bilingual, seems to have
learned much from the French style
of legislative drafting. A compari-
son of a recent Canadian criminal
statute with its U.K. equivalent
immediately points up the simpli-
city and directness of the Canadian
approach. It does not attempt to
identify every possible category of
offence that might be committed (a
policy which defendants' lawyers
have come to bless). Provisions are
broader and yet more direct. This
is the lesson that we must learn
from the Plain English movement.
Using simpler words is not enough.
The style has to change too. There
are already moves in the public
service towards the improvement
of the layout and language of a
number of forms to be used by the
public. Income tax returns and
social welfare forms have been
simplified.
It is understood that the Law
Reform Commission is preparing
a report on plain English. The
ground for its reception seems to
be better prepared all the time. We
need to move to a situation where
the maxim ignorantia juris non
excusat (which hardly ever applies
to lawyers nowadays) to one
of incomprehensio juris non
excusat. •
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