A Growing Conundrum: Unintelligible Legal Documents
Despite possessing advanced degrees, people struggle to understand the texts of laws, possibly due to their complex jargon and intricate structures.
In today's digital age, the ability to simplify the law is becoming increasingly important for lawyers. It's no longer just a matter of convenience, but an issue of effectiveness for the entire legal system. Clear language leads to better understanding, which, in turn, promotes a smoother legal process. According to Vadim Vinogradov, the dean of the law faculty at NIU VSHERA, this is a crucial competency for modern lawyers.
A recent study conducted by the Laboratory of Legal Design at the law faculty of NIU VSHERA shed light on this pressing issue. The online survey involved 938 citizens and 148 business representatives. They were asked to evaluate the clarity of a sample consumer protection law excerpt. An astonishing 74% found the text hard to comprehend. Among the participants, 69% held a higher education degree, with 10% boasting master's or doctoral degrees.
Too Many Words, Too Few Meanings
"In the digital age, the ability to make the law understandable becomes one of the key competencies a lawyer should possess," observes Vadim Vinogradov.
59% of respondents admitted that they would struggle to understand a legal text without professional guidance. Around 70% reported needing to re-read the text multiple times, and 6% were able to grasp the meaning from their first read. A troubling 16% still couldn't figure out the meaning even after several attempts, while only 10% found it completely clear.
"This study debunks the myth that the confusion surrounding legal texts is due to the low level of education of the citizenry," comments Maria Doroshenko, head of the Legal Design Laboratory at the law faculty of NIU VSHERA. "Even individuals with advanced degrees face significant challenges. The problem lies in the nature of legal language itself rather than the readers."
Common obstacles for understanding included complex and convoluted sentences (67%), intricate legal terminology (13%), unclear text structure (10%), and excessively detailed conditions (9%). These findings indicate that addressing this issue requires a comprehensive approach.
A Challenge for Businesses
Business representatives highlighted shortcomings in commercial terms: 29% noted unclear pricing and deadlines, while 27% pointed to vague descriptions of the contract's subject matter, and 26% found understanding the execution conditions difficult.
When it comes to practical solutions for improving legal communication, survey participants proposed the use of visual elements like charts and infographics, interactive technologies like chatbots and video tutorials, and a structuring of texts consisting of short paragraphs with practical examples.
Researchers coined the term "design factor" for legal documents, borrowing it from industrial design. This concept encompasses both content and the way information is presented. The study results suggest that users prefer more accessible and clear forms of communication over complicated legal texts.
Interest in new approaches was evident among businesses; 48% expressed openness to integrating online explanations in contracts, 33% expressed interest in automation options, and 19% showed interest in video explanations. The most preferred solution was brief explanations of key contract terms, chosen by 42% of the respondents. This demonstrates a desire to simplify documents without resorting to drastic changes.
Despite their willingness to change, many businesses still don't apply the principles of clear language in practice, indicating a need for extensive training and tool creation for the implementation of understandable legal language.
There are encouraging examples of successful application, such as the "Gosuslugi" platform, which presents complex administrative procedures in an accessible manner for millions of Russian citizens through step-by-step instructions, visual cues, and clear language.
"We see a massive demand for change from both the public and the business sector," says Doroshenko. "The next step is the development of practical tools and standards that will help lawyers create documents that are understandable to ordinary people without sacrificing legal precision."
- In the pursuit of education and self-development, understanding legal documents is essential for personal growth, making clear and accessible legal language a vital competency for modern lawyers as suggested by Vadim Vinogradov.
- The study conducted by the Legal Design Laboratory at the law faculty of NIU VSHERA highlights the importance of addressing the complexity and confusion in legal language, emphasizing that even individuals with advanced degrees face challenges, indicating a need for a comprehensive approach to simplifying legal documents for increased understanding and accessibility.
