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F2 Writing for Residents

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Lesson 4 of 6 · Video

Plain words for legal things

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1 minute 58 seconds. Captions are on. Narrated slides. The narration is a synthesized voice; a recorded voice replaces it later.

Say what an ordinance, a requirement or a deadline means for the resident in everyday words, and keep the legal citation for the people who need it.

Notes

Step 1 of 7

Start here

Public institutions run on law: ordinances, statutes, board policies, state rules. Residents have to follow them, but most will never read them. Your job on the website is to say what the rule means for the person reading, then point to the rule itself.

Step 2 of 7

Say what it means, then cite it

Lead with what the resident must do, may do or cannot do. Put the citation after, for anyone who wants to check.

Before:

Pursuant to Chapter 8, Section 8-14 of the Town Code, the open burning of leaves and brush is prohibited except as otherwise provided herein.

After:

You may not burn leaves or brush in town, except during the spring burn period, April 1 to April 30, with a free permit from the fire department. (Town Code, Section 8-14.)

The second version answers what, when, the exception and how to get it. The citation is still there.

Step 3 of 7

Must, may and should

The Federal Plain Language Guidelines, written to carry out the Plain Writing Act, recommend "must" for a requirement. "Shall" is the most common word in legal drafting and the least clear: it can mean must, may or will, and courts have read it more than one way.

Use these four words, and only these, for obligations:

  • Must for something required: "You must have a permit."
  • Must not for something forbidden: "You must not park on the street during a snow emergency."
  • May for something allowed: "You may appeal the decision."
  • Should for a recommendation: "You should keep your receipt."

Step 4 of 7

Common legal phrases, in plain words

  • pursuant to: under
  • in accordance with: under, or following
  • prior to: before
  • subsequent to: after
  • in the event that: if
  • notwithstanding: even if, or despite
  • shall be deemed: counts as
  • the applicant: you
  • the undersigned: we, or I
  • herein, thereof, aforementioned: name the thing

Keep a legal term when residents need it to match a form or a sign. Explain it the first time: "a variance (permission to build closer to the property line than the rules allow)."

Step 5 of 7

Hidden verbs

Legal writing turns actions into nouns. "Submission of the application must occur by" is three words longer than "You must submit the application by." The federal guidance calls these hidden verbs. Find the action and make it the verb.

  • "Make a determination" becomes "decide."
  • "Provide assistance to" becomes "help."
  • "Is in compliance with" becomes "follows" or "meets."

Step 6 of 7

When the exact words are required

Some notices have wording set by statute: legal notices for hearings, bid solicitations, tax sales, election notices. Do not rewrite required text. Your clerk or attorney knows which notices are fixed.

Do this instead:

  1. Start with a plain summary: what is happening, when, where, and what the reader can do.
  2. Add a heading: "Legal notice."
  3. Under it, publish the required text exactly as it must appear.

The law is met, and residents can understand it.

Step 7 of 7

Penalties and deadlines need numbers

"Failure to comply may result in penalties" tells the reader nothing. Say what happens: "If your dog is not licensed by March 31, the fee goes from $10 to $25." Readers can act on a number, and they cannot act on "penalties."

Sources

Transcript

Synthesized narration; a recorded voice replaces it later.

  1. 0:00Residents have to follow ordinances, statutes and policies, but most will never read them.
  2. 0:05Your job on the website is to say what the rule means for the person reading, then point to the rule itself.
  3. 0:12Before: Pursuant to Chapter 8, Section 8-14 of the Town Code, the open burning of leaves and brush is prohibited except as otherwise provided herein.
  4. 0:22After: You may not burn leaves or brush in town, except during the spring burn period, April 1 to April 30, with a free permit from the fire department.
  5. 0:32The citation is still there, at the end.
  6. 0:35Use four words, and only these, for obligations.
  7. 0:39Must, for something required.
  8. 0:41Must not, for something forbidden.
  9. 0:43May, for something allowed.
  10. 0:45Should, for a recommendation.
  11. 0:47Shall can mean must, may or will, and courts have read it more than one way.
  12. 0:52Common legal phrases have plain words.
  13. 0:55Pursuant to: under.
  14. 0:57Prior to: before.
  15. 0:58In the event that: if.
  16. 1:00Shall be deemed: counts as.
  17. 1:02The applicant: you.
  18. 1:05Find hidden verbs.
  19. 1:06Make a determination becomes decide.
  20. 1:09Provide assistance to becomes help.
  21. 1:11Is in compliance with becomes follows.
  22. 1:14When the exact words are required by statute, do not rewrite them.
  23. 1:18Start with a plain summary, add a heading, Legal notice, and publish the required text under it, exactly as it must appear.
  24. 1:27Penalties and deadlines need numbers.
  25. 1:29Failure to comply may result in penalties tells the reader nothing.
  26. 1:33If your dog is not licensed by March 31, the fee goes from $10 to $25.
  27. 1:40Your task.
  28. 1:41Find one page that quotes or paraphrases a rule.
  29. 1:44Write a plain first sentence that says what the resident must, may or cannot do.
  30. 1:49Replace every shall in your own text.
  31. 1:52Replace three legal phrases, keep the citation at the end, and publish.

Task

Your task at your institution

Quiz

4 questions. Choose one answer for each, then check them. Each answer shows its reason.

1. The Federal Plain Language Guidelines recommend which word for a requirement?
2. What is the plain version of 'pursuant to Chapter 12'?
3. A statute requires exact wording in a public hearing notice. What do you do?
4. What should a page say about an ordinance that limits leaf burning?
Show the answers
  1. B. Must. Must is clear about obligation. Shall can mean must, may or will, and readers take it different ways.
  2. A. Under Chapter 12. Under says the same thing in one word.
  3. B. Keep the required text, and add a plain summary above it. The required text stays because the law requires it. A plain summary on top makes it usable.
  4. B. What residents may and may not do, when, and the penalty, with the ordinance cited after. Residents need to know what to do. The citation is there for anyone who wants the source.