American humorist Mark Twain once wrote, “I never write ‘metropolis’ for seven cents because I can get the same price for ‘city.’” It is an approach to language — plain language — that many lawyers are working to emulate, although at a different pay scale.

“It is an important issue for lawyers,” noted Donald Bowman, former chief justice of the Tax Court of Canada.

“Words,” he stressed, “are our most important stock in trade.”

They are also a critical measure by which clients assess the value of their lawyer, said Cheryl Stephens, author of Plain Language Legal Writing.

“A lawyer’s communication skills are a top-priority concern of potential clients. Even clients who were satisfied with previous results will not necessarily return to the same lawyer if his or her communications were not superb.”

One reason for the harsh judgment: plain language is one thing clients can grasp, said John Gillies, director of practice support with Cassels Brock & Blackwell LLP in Toronto.

“Most non-lawyer clients (and even some in-house clients) are not able to pass judgment on the substantive quality of the legal work done by their lawyers. As a result, they have to look to other aspects of the service they are getting that they can understand and judge.

“Since lawyers spend a large portion of their time writing, either directly to clients or in publications of some form, clients will necessarily come to a conclusion about a lawyer’s capabilities based on his or her written work,” he added.

Satisfied clients are only one benefit of plain language.

“The benefits of clear, efficient and modern contract language are the reverse of the disadvantages of the current approach: contracts would be shorter and much clearer,” said Kenneth Adams, a world-renowned expert in drafting business contracts and a plain language expert based in Garden City, N.Y.

“That would save companies vast amounts of time and money, would reduce the risk of dispute and would allow companies to close transactions more quickly and, conceivably, convert more sales prospects into customers,” he noted.

It also protects lawyers from lawsuits. “For example, if the lawyer has drafted a contract that is unclear and that leads to a loss by the client, that lawyer is looking at a potential professional liability claim,” said Gillies. “So, clear drafting leads to a happier client, who is much less likely to sue you! What’s not to like?”

Law firms are bound to like the protective shield plain language can help provide, but there’s much more that will appeal to their bottom line — and their community spirit.

“Using plain language makes everything and everyone more efficient,” noted Stephens, an educator, trainer and consultant in legal communications and marketing.

“International studies have determined that a lawyer can save as much as 30 percent in the time needed to read, process and make use of legislation or other documents. Training new lawyers and other staff is easier and quicker if the work is done in plain language.

“In addition to financial benefits from efficiency and efficacy,” she added, “a law firm’s reputation is enhanced. International studies have shown that those who write in plain language are thought to be more expert, better educated and from more prestigious schools and law firms.”

There’s good reason for that good impression. “Clear expression and clear thinking go hand in hand,” said Bowman, counsel with Fraser Milner Casgrain LLP in Toronto.

“People... camouflage unclear thinking with bafflegab and gobbledygook,” he noted.

So why the proliferation of elevated, unplain language?

“Most lawyers ‘grow up’ in the profession learning legalese. For many, drafting in legalese is almost a hallmark of being a lawyer,” said Gillies.

Indeed, said Bowman, one theory of resistance to plain language is that it may take away the mystique of the law.

It’s also hard work. Writing clearly, simply and succinctly doesn’t come naturally to most people — and it’s something that is not necessarily taught in law school.

“Essentially, good writing involves rigorous and focused editing of one’s work, which is not an easy task for anyone,” said Gillies.

“But lawyers are judged more on the quality of their written work than those in any other profession. So there is, I believe, a much higher level of angst for lawyers, many of whom recognize, if only subliminally, the shortfalls of their written work, but find it difficult to know how to improve.”

A helping hand can be found. For a number of years The Law Society of Upper Canada has offered plain language drafting as part of the small group sessions for the Bar Admission course, and there are experts such as Adams who offer plain writing workshops.

New judges can now even take a course in clear judgment writing, noted Bowman. “Everyone who went was much impressed. It was a worthwhile initiative.”

Modern technology may also help. “Given the complexities of contract language and the fact that lawyers draft contracts by regurgitating precedent, it may be that clearer contract language will only become widespread when contract drafting is automated through widespread adoption of document assembly,” said Adams, author of A Manual of Style for Contract Drafting.

“Contract drafting should be a commodity task — lawyers add value by assisting clients with strategy and negotiation, not by constantly reinventing the wheel,” he noted.

Plain legal language has been part of the legal landscape in this country for at least two decades. In 1986, the Canadian Law Information Council voted to establish the country’s first plain language centre. A few years later, the new Plain Language Centre sponsored the first plain language conference in Canada. At that meeting, Cheryl Stephens proposed an association of advocates for plain language.

These days the concept of plain language, said Stephens, “is better understood and more accepted in the Canadian legal community than any other country.”

Mark Twain would be proud.