Building Rapport

I’ve just posted over at the PlainLanguageInPlainEnglish group blog. Go see: Magically simple process, but not quick and easy

Today we have a guest post from Dominique Joseph.

Is it possible or even useful to legislate ‘plain language’?

This question has been asked, at least, since “The Decline and fall of gobbledygook: Report on plain language document”, produced by the Canadian Bar Association and the Canadian Bankers’ Association joint committee in 1990.

There is more complete and recent info, but it still raises good points. I will start with the committee’s point of view, and then provide the definitions for the subjective and objective approaches (since those two terms appear in the point of view).

THE JOINT COMMITTEE’S POINT OF VIEW:

“The Joint Committee does not believe that plain language documentation is a suitable matter to be dealt with in legislation. The problem with plain language legislation is that it ignores the fact that plain language drafting is a process rather than the application of a fixed set of rules.

Thus, in the case of the “objective approach, one could apply the rules set out in the Connecticut statute and still have a document that is unintelligible. In the case of the “subjective” approach, a problem arises because there is no commonly accepted standard of what is readable. A person compelled to draft a “readable” document by statute is unlikely to strive for the highest standard of readability.

Legislation can be effective when its object is to prohibit persons from engaging in specified types of undesirable conduct. Legislation is not effective when it tries to require individuals to undertake some positive action that requires time, skill, effort, and commitment.”

SUBJECTIVE and OBJECTIVE APPROACHES:

“The legislative approaches to date have taken two forms. The first approach, adopted by New York and the Alberta legislation, has been called the “subjective” approach because of the general requirement that agreements and contracts be written in a “clear manner using words with common everyday meanings.” Beyond this general guideline, the subjective approach does not define plain language nor does this approach establish specific criteria for a plain language document.

[...] The second approach to plain language legislation, adopted by Connecticut, has been called the “objective” approach because of specific requirements defining what constitutes a plain language document. Typically, this approach stipulates the average length of sentences, the size, and style of typeface used, the length of lines and the size of margins. In addition, this approach may require the document to score in a particular range on a readability test, such as the Flesch test.”

A very interesting puzzle, indeed!

I recently complained on Twitter about this headline originating from a company that consults on plain language projects:

“Driving a positive customer experience across touch points”

Matthew Stibbes is now holding a contest for best and worst headlines.

He also provides us with a brief list of qualities of good headlines:

BBC News’ headlines are the best in the world according to web-usability guru Jakob Nielsen. Nielsen’s guidelines state that web headlines must be:

1.Short
2.Rich in information scent, clearly summarising the target article
3.Front-loaded with the most important keywords
4.Understandable out of context (because headlines often appear without articles, as in search engine results);
5.Predictable, so users know whether they’ll like the full article before they click

Personally, I find headlines and subheads very challenging to write but I appreciate them as a reader.

I want to hear from you: tell me what is right or wrong with this advertisement. This not a test. I am interested to hear from people with differing perspectives or focuses.

HST ad in daily newspaper

New legislation in South Africa to protect consumers and promote fairness also requires plain language. Elements of law that now interact to raise expectations arise from:
Consumer Protection Act
Financial Advisory and Intermediaries Services Act
Financial Services Board’s “Treating Consumers Fairly” initiative

The reaction has begun. The Sunday Times “Times Live” has begun a survey of its effects.

1. Contracts customers comprehend
The main aim of pending consumer-protection legislation is to improve the standards of information passed on to consumers – and this brings with it a front-line role for financial intermediaries. Intermediaries should ensure that consumers understand what they are buying and paying for, and that contracts are in plain language.
http://www.timeslive.co.za/business/article531303.ece/Contracts-customers-comprehend

2. Goal is healthy understanding
“The role of the intermediary is not only an administrative one about signing up a member on a medical scheme and then disappearing… The healthcare intermediary has the most administrative and intensive task compared to any other pillar of insurance. The healthcare industry is very dynamic but unfortunately it is also very complex. To give consumers a medical scheme brochure and leave it with them without offering advice or explanations serves no purpose. The terminology is such that the medical scheme intermediaries themselves frequently need to update themselves, so the consumer is often unaware of what the implications are.
http://www.timeslive.co.za/business/article531299.ece/Goal-is-healthy-understanding

3. Stamping out the small print
“The Consumer Protection Act and the forthcoming proposed ‘Treating Customers Fairly’ initiative of the Financial Services Board will apply equally to intermediaries and insurers. Insurers will have to make certain that the products and services they offer are fair and equitable and that the manner in which they promote and sell these is also fair. Benefits will have to be quantifiable and ensure that customers understand what they are buying and that the product meets their reasonable expectations.”
http://www.timeslive.co.za/business/article531302.ece/Stamping-out-the-small-print

4. Putting the emphasis on ethics: A key part of financial services industry takes itself in hand
The Financial Intermediaries Association of Southern Africa representative says they are looking to go beyond the letter of the law:
“It is an ethical interpretation, rather than a legalistic interpretation of what we should or should not be doing… “Few people read the fine print in disclosure notices … there needs to be an absolute moral position spelt out and our membership is actively encouraging this, taking the view that the letter of the law is insufficient… There are the right things to do and the legally correct things to do – we are doing the right things and we are encouraging our members to do the same.”
http://www.timeslive.co.za/business/article531300.ece/Putting-the-emphasis-on-ethics

There is something new at the Plain Language in Plain English ite.