Legal writing is obscure. Very few will differ from this statement.
Let us try to understand a Federal rule written in a typical legal style:
"When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements."
Isn't it frightening? Can the same rule be stated in a simple language?
Let's compare this form of legal writing with another version of the same rule:
"If a party makes alternative statements, the pleading is sufficient if any one of the statements is sufficient."
Isn't it easier to understand?
This may be a solitary example of a federal rule written in two styles, but it proves that legal aspects can be discussed effectively in a plain language.
Today, many legal professionals, educationists, and institutions are trying to make legal writing simple, clear, and crisp. Undoubtedly, it is in the interest of all – the professionals, the students, the clients, and all other concerned.
The Burton Awards program is a step in that direction. Since its inception in 1999, the organization has focused principally on enhancement and enrichment of legal writing. In association with the Library of Congress and the Law Library of Congress, the organization bestows individuals and organizations with the “Reform in Law” award to honor significant contribution in the field.
This year’s Burton award for “Reform in Law” has gone to a project which has made a remarkable effort to improve the writing style of Federal Rules of Civil Procedure, used in federal trial courts. Those who will receive the award are two federal rules committees, and a law professor. The recipient groups— the Advisory Committee on Civil Rules, and the Standing Committee on Federal Rules— in association with Joseph Kimble, a professor at Thomas Cooley Law School, strived for four years to achieve this goal. The resulting style of the Federal Rules of Civil Procedure is plain, consistent, and easily understandable.
The awards will be given on June 4, 2007.
The Supreme Court of the United States has approved the new rewritten rules. The rules have also been sent to Congress. It is planned that they will be effective from December 1, 2007.
The project is monumental and highly significant. The federal rules which comprise more than 300 pages, were originally written 70 years ago. These rules are referred to, by lawyers, judges, and students day in day out, and govern the procedure in all U.S. district courts. They have not been rewritten fully since their original version was approved by the Supreme Court. The rules, which have inspired several expert commentaries, needed a simpler writing style to keep pace with the changing times.
The new style of rules is more practical. Besides being plain, the rewritten rules are also shorter and well organized. Their simplicity will surely find favor among students as well as professionals, and enrich the legal field.