plain language so that users can “find what they need, understand what they find,
and use what they find to meet their needs.”
3
This is all the more important in explaining court processes. Studies of stress and
psychological barriers to understanding highlight that even for those with high
literacy and familiarity with a topic, stress can limit a person’s ability to digest and
process information. People often come to court as a last resort or after a crisis in
their family, home, or workplace requires legal action. Plain and direct language can
be crafted to overcome these barriers to ensure understanding and accurate
completion of procedural requirements.
Improving one’s ability to navigate the court has obvious benefits for the court user
in that the user will avoid additional stress resulting from lack of comprehension, the
user will feel empowered to follow through with clearly defined tasks, and the user
will feel a greater sense of ability to at least work toward success, if not achieve it.
But, there are also benefits to court operations when users have increased and
improved ability to navigate process and procedure. For example:
1. There may be a reduced need for human interaction with patrons, thus freeing
up staff to help those who really have complex issues to navigate and to
complete other business of the courts, such as special project work, day-to-day
operational tasks, statistical analysis, etc.; and
2. Judges and staff may notice less protracted litigation from self-represented
litigants, who will now have a better ability to understand their legal options
and remedies and, when coupled with meaningful referrals to
community-based resources, may also have a better understanding of
non-legal options for resolution of their issue.
All of this culminates in reduced stress on patrons, reduced stress on Judges and
court staff, and reduced stress on the building and physical spaces within the
courthouse.
When we improve the public’s ability to understand the work of the courts and their
legal options available to remedy legal problems, we increase the likelihood that
users will select the right path to resolution of their issue, which may include
non-legal remedies altogether. The use of plain language is a cornerstone of
3
Federal Plain Language Guidelines (rev.) 94 (2011), available at
http://www.plainlanguage.gov/howto/guidelines/FederalPLGuidelines/FederalPLGuidelines.pdf.
NACM - Plain Language Guide
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