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I. INTRODUCTION
Pop quiz: what is the annual percentage rate on your credit card? If you do not know off the top of your head, you can simply grab your credit card contract and find it-at least in theory. In reality, however, it is not this simple. In November of 2009, CNN asked thirteen people to find the annual percentage rate in a basic credit card agreement; only four of them could find it.1 This is just one of many examples of how difficult legal documents are for the everyday person to understand. The problem can become more severe when the documents involve more complex legal issues such as Medicare benefits, student loans, or taxes. When people cannot understand legal documents on their own, there are two options: (1) hire an attorney, in which case the attorney can help sort through and properly respond to the documents; or (2) wallow in confusion, attempt to understand and respond to the documents, and likely face adverse legal consequences. Only the people who can afford to hire an attorney have the luxury of the first option. The average person who cannot afford to hire an attorney is relegated to the second, less desirable option. This is the problem that the Plain English Movement attempts to solve.
The Plain English Movement advocates for communication in language that an average person can understand.2 This Movement has both enjoyed support and faced opposition from attorneys since its inception.3 The original goal behind the Movement was to provide access to justice for groups that historically have not had the resources to understand and interpret the law.4 However, the motivation behind the Movement has recently shifted away from access to justice and toward cost-effectiveness. Many governmental agencies, such as the Securities and Exchange Commission and the Federal Aviation Administration, are adhering to plain English principles by implementing policies encouraging their employees to write in plain English.5 While these policies are beneficial, the motivations behind them are inconsistent with the original goal of Plain English. The supporters of the Plain English Movement must refocus their efforts on providing legal materials that affect the lives of historically disadvantaged groups in plain English.
This Note begins with a brief history of the Plain English Movement...