Competition calls out poor, rambling writing

December 19, 2012
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Know someone who could use a crash course in cutting to the chase? Ever read a legal document and thought that paragraphs of text could be reduced? Then perhaps you should nominate examples of unclear and bad language that could cause harm.

The WonderMark awards are put on by the Center for Plain Language, a nonprofit organization that wants government and business documents to be clear and understandable.

Of course, the center is encouraging nominations from the legal sector. I’ve read contracts, opinions and other legal documents and thought the language could be condensed and clearer. As a journalist, I try to get to the point as concisely and clearly as possible, but I think sometimes it’s the opposite in legal writing.

Following is an example given by the center of a Medicaid fraud letter.

The before: “Investigators at the contractor will review the facts in your case and decide the most appropriate course of action. The first step taken with most Medicare health care providers is to reeducate them about Medicare regulations and policies. If the practice continues, the contractor may conduct special audits of the providers’ medical records. Often, the contractor recovers overpayments to health care providers this way. If there is sufficient evidence to show that the provider is consistently violating Medicare policies, the contractor will document the violations and ask the Office of the Inspector General to prosecute the case. This can lead to expulsion from the Medicare program, civil monetary penalties, and imprisonment.”

The after: “We will take two steps to look at this matter: We will find out if it was an error or fraud. We will let you know the result.”

In 2012, The Commonwealth of Virginia, Fairfax County Circuit Court received a WonderMark award for its divorce forms and instructions brochure. The Center for Plain Language notes, “A word to the wise, try to avoid getting divorced in the Commonwealth of Virginia especially if you intend to read their ‘helpful’ divorce brochure–partially produced with help from the Fairfax County Bar. The 69-page brochure and use of Latin words ensures that you will need a lawyer if you want to get divorced in VA—or even if you just want to read the divorce brochure.”

If you’ve come across a document that was clear as day, you can also nominate that for a ClearMark award.

Last year, the American Bar Association Commission on Law and Aging won in the legal category of this award for its “Giving Someone a Power of Attorney for Your Health Care.” WellPoint Inc. and Victoria Law Foundation received awards of distinction in this category.

Click here for more about the awards.

Perhaps this post could have been more concise. I’ll work on that.
 

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  1. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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