News Briefs

The push for plain legal language has supporters

President Clinton requires it. The Securities and Exchange Commission (SEC) demands it. Many law professors favor it.

Plain legal language advocates, who call for active verbs, short sentences, pronouns instead of lengthy repetition of proper nouns, and the banishment of the "shalls" and "herewiths" of legalese, have scored several major victories lately.

A Memorandum on Plain Language, issued by President Clinton last June, set an Oct. 1, 1998, deadline for the use of plain English in many new government documents. The memo also set a Jan. 1, 1999, deadline for plain language to be used in "all proposed and final rulemakings published in the Federal Register." The SEC also set an Oct. 1, 1998, deadline for the use of plain English in key parts of securities documents.

Opponents of the plain legal language movement worry that terms of art rooted in centuries-old case law will be jettisoned in favor of "dumbed-down" language that takes several sentences to explain the same thing one Latin term could.

But advocates say the trend benefits everyone - from the lawyer drafting a document, who may no longer have to struggle to remember a particular, peculiar term to clients and the public, who won't need reading glasses and aspirin just to read an appliance service contract. And according to Joseph Kimble, a professor at Thomas Cooley Law School and plain language exponent, there isn't nearly as much untranslatable terminology as people think. In one study, Kimble says, it was found that technical terms and terms of art make up less that 3 percent of the average legal document.

Kathleen McManus, director of legal writing at Marquette Law School, is also a fan of the movement. "There's a mistaken belief that the use of big words and jargon means you're saying something important," she says. "I have students who think if they've added 'legalese' to a document they've added substance.

"Plain language does not compromise the substance or function of a legal document, it clarifies it. The plain legal language movement is all about reaching the reader. Isn't that the purpose of writing?"

U.S. Bankruptcy Court considers increase in attorney fees

In December 1992, the U.S. Bankruptcy Court, Eastern District of Wisconsin, set $1,000 as a "reasonable fee" for attorneys representing debtors in Chapter 13 cases. The court now is considering a general order increasing the fee to $1,250. Attorneys who charge $1,250 or less for all Chapter 13 services, excluding out-of-pocket costs, would not be required to itemize the fees or file a fee application.

In addition, the court is considering establishing procedures regarding attorney fees for compensation above the $1,250 limit. If an attorney requests up to $250 more than the $1,250, he or she must serve and file a fee application and proposed order. If there is no objection within 15 days of filing the application, the court approves the payment. If there is an objection, the court holds a hearing. A hearing is held for all requests for compensation above the additional $250.

A public hearing on the proposed general order will be held at the U.S. Courthouse in Milwaukee on April 29 at 2 p.m. To testify at the public hearing regarding the proposed general order, contact Tina Fies of the U.S. Bankruptcy Court at (414) 297-1583 by April 26.

Legal services agencies receive new computers, printers through WisTAF

An innovative, one-time technology grant from the Wisconsin Trust Account Foundation (WisTAF) has made it possible for legal services agencies throughout Wisconsin to better represent their low-income clients.

WisTAF, which manages Wisconsin's Interest on Lawyers Trust Accounts (IOLTA) program, has granted more than $14 million since 1986 to nonprofit organizations that either provide direct legal services to low-income individuals or serve a community purpose, generally law-related services such as legal education or indirect legal services.

WisTAF's fiscal year 1997 revenue exceeded projections, allowing it to set aside money for supplemental grants to many agencies and for the technology grant. An ad hoc committee made up of WisTAF board of directors members Robert Goepel, Hon. Paul Higginbotham, and Hon. William Hue determined how to best use the available funds. The committee believes that up-to-date computers and printers will enhance the quantity and quality of services available to agency clients, and aid in the exchange of information and ideas between agencies. The grant money was used to purchase 22 computers and nine printers for 14 agencies.

"We are a small operation largely staffed with volunteers and couldn't afford to purchase computers on our own," says Sue Sippel, president of Portage County Legal Aid Society. "This access to technology is very important to our attorneys who donate their time so freely." Legal Aid Society of Milwaukee Executive Director James Walrath echoed Sippel's sentiments, saying, "This grant enables us to streamline our advocacy work and family and small claims proceedings. This will make us much more efficient."

Everything I need to know about the justice system I learned in grade school

Knowledge of the justice system comes mainly from grade school social studies classes, according to "Perceptions of the U.S. Justice System," an ABA-commissioned survey of 1,000 adults. According to the survey, 83 percent of respondents attributed their knowledge to social studies classes, and 82 percent to grade school or high school civics or government classes. Sixty-seven percent of respondents cited personal experience as the source of their knowledge of the system.

The survey found that 78 percent of respondents believe the jury system is the fairest way to determine guilt or innocence, and 69 percent believe juries are the most important part of our justice system.

The survey asked respondents to rate their confidence in 17 different institutions in American society, including particular components of the justice system, other professions and institutions, and the media. Respondents had the most confidence in the U.S. Supreme Court, with 50 percent "extremely or very confident" in the institution. Thirty-four percent expressed strong confidence in other federal courts, and 28 percent expressed strong confidence in state courts. Only 18 percent expressed the same level of confidence in the U.S. Congress, while 14 percent expressed strong confidence in lawyers. The media fared worse, where only 8 percent of respondents had strong confidence in the institution.

While only 39 percent of respondents could identify all three branches of government unaided and 25 percent could not identify even one branch, more heartening perhaps were statistics showing that 80 percent of the survey's respondents agreed with the statement "In spite of its problems, the American justice system is the best in the world."

Click here for complete survey results.

This month on the web...

ElderWeb: Resources for the elderly and their caregivers

ElderWeb is a collection of resources for everything related to aging, retirement, and care and support of the elderly. The site offers information - and links to other sites - on the social, mental, legal, and financial issues affecting the 30 million people over 65 in the U.S.

ElderWeb is maintained by Karen Stevenson Brown, a Bloomington, Ill., CPA and former nursing home executive. The site offers up-to-date information on upcoming conferences and the results of surveys and reports that deal with elderly issues. It also provides links to federal and state government sites that address eldercare-related spending provisions in the President's Fiscal Year 00 budget and legislation of interest to the elderly.

Hear ye, here

If you've ever wanted to be a fly on the wall during a U.S. Supreme Court hearing, the Oyez Project of Northwestern University allows you to do just that. The Court has audiotaped its hearings for more than 35 years, and you can hear those recordings via the project's Web site.

In addition to the audio files of hearings, the site provides abstracts and links to written opinions of cases in constitutional law decided by the Court. Oyez also offers a 360-degree "virtual tour" of the U.S. Supreme Court building. (You'll need RealAudio® and QuickTime® 3.0, both of which are downloadable from the Oyez site, to hear the audio files and take the tour.)

Legal research: Start with WisBar

WisBar, the State Bar's Web site, is not only a great resource in and of itself, it also can help you find other Internet resources. The WisBar staff have researched and located legal sites on the Web for information on everything from biotechnology law to nonprofit agencies. Located on WisBar's homepage under "Legal Resources," the Internet Resources area offers site links categorized by subject matter or in alphabetical order.

The Internet Resources area also guides you to state and federal case law; court rules and statutes; local, state, and federal government sites; and national, state, and foreign bar associations.

Wisconsin Lawyer