Professional Documents
Culture Documents
Visualization. In: Erich Schweighofer et al. (Eds.) Transparency. Proceedings of the 17th International Legal Informatics
Symposium IRIS 2014. Österreichische Computer Gesellschaft OCG, Wien 2014, p. 451–458 (ISBN 978-3-85403-302-8). Also
published in Jusletter IT, 20 February 2014, http://jusletter-it.weblaw.ch/en/issues/2014/IRIS/2541.html (subscription required)
LAWYERS AS DESIGNERS,
ENGINEERS AND INNOVATORS:
BETTER LEGAL DOCUMENTS THROUGH
INFORMATION DESIGN AND VISUALIZATION
Helena Haapio
Business Law Teacher & Postdoctoral Researcher, University of Vaasa / International Contract Counsel, Lexpert Ltd
Pohjoisranta 20, 00170 Helsinki, FI
Helena.Haapio@lexpert.com; http://www.lexpert.com
Keywords: Document design, information design, information products, Legal Design Jams,
legal writing, readability, simplification, usability, user-friendliness, visualization
Abstract Legal materials are widely available, online and offline. But are they actually read
and understood? Empirical research shows that this is not always the case. Turning
to lawyers does not necessarily help: legal advice may be too complex to be useful. If
legal documents are ignored or misunderstood by those who are expected to read
and act upon them, there is something seriously wrong. A profound change is
required. After introducing research-based criteria of good documents, this paper
illustrates, with case studies, how information design and visualization have been
applied to improve legal documents: Wikimedia Foundation’s new, user-friendly
trademark policy; a law firm’s award-winning advice letter template; and complex
legal texts transformed into easy-to-use layered information. The results demonstrate
how a fresh, innovative approach to design practices enables the production of better
legal documents: legally sound, while easier for users to understand and act upon.
1
See, e.g., Curtotti & McCreath 2013 and UK Office of the Parliamentary Counsel 2013.
2
For information products generally, see Orna 2005; for contracts as information products, see Haapio 2013.
“There are two things wrong with almost all legal writing. One is its style. The other is its
content.” Fred Rodell, Professor or Law, Yale University. 5
A look at today’s legal documents reveals that many would benefit from a complete overhaul –
assuming that they are expected to be read and understood. Legal writing seems to be the norm,
even if the vast majority of readers do not have law degrees and may be confused or intimidated by
such writing.6 New people entering the field as drafters may question the style at first, but adopt it
as part of the culture. Newcomers, too, want to make their documents look “professional” and
“legal”. 7 So they continue drafting documents that users find non-readable or only lawyer-readable.
The comments about legal writing cited above were made by Fred Rodell in an article published in
1936. This criticism still applies to today’s legal documents. Their drafters tend to prefer legalese
and “tested language” presumed to have a clearly established and “settled” meaning. The result is
often a writing style that has, according to one critic, four outstanding characteristics. It is “(1)
wordy, (2) unclear, (3) pompous, and (4) dull”. 8 “Tested language” and “settled” meaning refer to
language that has been the subject of litigation. Which raises the question: why rely on language
that resulted in litigation in the first place?9 While such language may help to win a battle in court,
it does not help those who want to avoid such conflict. Moving from legalese to plain language
certainly helps, 10 yet it cannot solve all the problems alone. A more profound change is required.
There is no consensus about the characteristics and qualities that are required to make a legal
document “good”. If we understand legal documents as information products, all good writing –
3
Hayhoe 2012, 23. See also Redish 2000, 163: the skill and practice of developing documents that work for their users.
4
For attempts to define legal information, see, e.g., Richards 2009, with references.
5
Rodell 1936, 38.
6
According to the UK Office of the Parliamentary Counsel 2013, 1,”the digital age has made it easier for people to
find the law of the land; but once they have found it, they may be baffled. The law is regarded by its users as intricate
and intimidating. … even professional users can find law complex, hard to understand and difficult to comply with”.
7
For path dependence, inertia, and status quo bias in contract design and drafting, see Haapio 2013, 49-52.
8
Mellinkoff 1963, 23. Mellinkoff (Id., 27) further states, citing Rodell’s above-mentioned article: “The language of the
law is ‘full of long sentences, awkward constructions, and fuzzy-wuzzy words.’ The result is often nothing less than a
failure of communication.”
9
Similarly, related to contracts, e.g., Haapio 2013, with references.
10
See, e.g., Kimble 2006 and 2012.
LANGUAGE
CONTENT
DESIGN
FEEL
KNOW
DO
11
Howarth 2013 sees the work of lawyers as designing useful devices for clients; according to the author, lawyers can
become more innovative and effective as designers of new devices by using the methods of engineers. See also
Mitchell 2013 (discussing how lawyers can make their work-product a better product).
12
Gray & Leary 1935, 31.
13
For a summary, see Evans 2011.
14
See Waller 2011, Evans 2011, and other Technical Papers available on the Simplification Centre’s website.
15
Evans 2011, 3. – The criteria used by the Simplification Centre have been further divided into sixteen sub-criteria; see
Waller 2011. – For similar criteria for good contracts, see Haapio 2013, with references.
As shown in Figure 1, the readers‘ response is viewed through three different aspects:
Feeling: the readers’ attitude and their emotional response (“feel”)
Understanding: what they know from reading it (“know”)
Action: what they are able to do as a result (“do”)
The above matrix and criteria can be applied to legal documents as well: these, too, can (and
should) be assessed in terms of content, structure, language and design. As regards the readers’
response, the writer/producer might ask questions such as: “Will the intended audience use this
document?”; “Does it appear interesting?”; “Does it appear relevant?” and “Will the audience take
the time to read this document?17 If these questions are answered in the negative and the documents
are not read, they are unlikely to work. While the writers of legal documents may not have
emphasized readers’ attitude or response, these questions highlight the need for doing so, in order to
craft documents that are actually going to be read and stand a chance of being acted upon.
While the above criteria are useful for designing better legal documents, there is something missing:
the criteria do not address the legal qualities of the documents. Good legal documents as envisioned
in this paper cannot omit this aspect entirely. Good legal documents need to be legally sound, and
the possibility of a dispute and judges or opposing counsel as readers needs to be kept in mind. This
tends to add to the length and complexity of legal documents. After recognizing the different users,
the document designer has to consider their different needs and requirements and prioritize them.
The following examples demonstrate that it is possible to bring together what is desirable from a
usability point of view with what is legally sound.
2.1. Wikimedia Foundation’s New, User-Friendly Trademark Policy; Legal Design Jams
Wikimedia Foundation introduced a trademark policy in 2009. In 2013, their legal team prepared a
new draft trademark policy to strike a better balance between the interests of the Wikimedia
community and trademark law and to create a document that better communicates how people can
16
Evans 2011, 3. The Simplification Centre’s resources are used with the kind permission of Rob Waller, Director of
the Simplification Centre: see email message from Rob Waller to the author of 2 January 2013, on file with the
author.
17
Evans 2011, 11, with references.
18
Albers 2007.
use Wikimedia trademarks.19 In preparing a new draft document, the legal team relied on
information design principles to make the draft user-friendly. The simplicity of language was one
factor in enhancing its usability, as were appearance and format. The legal team also tried to
organize the document in a logical manner so that users could quickly find provisions relevant to
them without having to study the entire document.20
Unlike how legal documents are typically prepared, the new draft policy was developed in public,
“the Wiki way”. The first step was for the legal team to solicit comments on how the policy should
be revised and then prepare a draft based on that input. They teamed up with legal information
researchers and practitioners to organize two workshops, Legal Design Jams,21 to brainstorm about
how to make the policy more user-friendly using colors, visuals and other information design
methods.22 The Legal Design Jams in Stanford and San Francisco brought together professionals
and students with law, design, computer science and policy backgrounds to work and learn together.
Figure 2 shows an excerpt from their work, a visualized summary of the new draft trademark
policy, asking the core question “May I use the Wikimedia marks?“ and grouping the answers under
traffic light colors: green; “Yes, please!“ (use does not require permission), yellow: “Yes, but
first…“ (permission must be sought), and red: “ Sorry, no“ (for uses that are prohibited).
Figure 2. Excerpt from Wikimedia Trademark Policy Draft for Community Discussion23
Next, the draft was posted on Wikimedia Meta-Wiki for feedback from the Wikimedia community
across the world. The initial comments suggest that people like the new design and find the
document approachable and easy to read. According to Yana Welinder, Wikimedia Foundation’s
Legal Counsel, the design and readability of the draft also improved the discussion of the draft:
people could get a better overview and understand the legal terms, so they could become involved
in the discussion and comment on the substance of the terms. It helped them propose revisions or
point out scenarios that were not yet addressed by the draft. 24
19
See Welinder 2013a and 2013b and Welinder & Walls 2013.
20
Welinder 2013a.
21
The idea of Legal Design Jams – a concept coined by Stefania Passera – is borrowed from hackathons and service
jams. A Legal Design Jam brings together people from different fields ”to give an extreme user-centric makeover to a
legal document. … to rethink and innovate the very concept of what a legal document should be, look and feel.” The
participants create prototypes of a new version or revised parts of the document, including visualizations, new layout,
”rethinking the structure of the document in terms of good storytelling and, where possible, simplifying its language”.
See http://legaldesignjam.com/about/. See also Haapio & Passera 2013, Hagan 2013, and Welinder & Walls 2013.
22
See Welinder 2013a and 2013b, Welinder & Walls 2013, and https://meta.wikimedia.org/wiki/Trademark_policy.
23
https://meta.wikimedia.org/wiki/Trademark_policy, available under Creative Commons Attribution/Share-Alike
License.
24
Welinder 2013b.
2.2. A Law Firms’ Award-winning Template for Pragmatic Legal Advice Letters
When Corrs Chambers Westgarth (Corrs), an Australian law firm, consulted with their key clients
about what they look for when seeking advice from lawyers, clients raised common themes such as
“be concise” and “make a practical recommendation”, and “declutter the issues to show you
understand the situation”. 25 These themes became Corrs’ basic criteria for designing their new
advice template. Their goal was clear, incisive advice that clients can easily act upon.26
The advice template has a front page summary that gives the answer and recommendation upfront
and a "traffic light" risk analysis table that identifies and rates legal risks on a scale from low to
high. It incorporates document design principles which make it easy to read: a significant shift away
from the traditional long letter of advice which does not necessarily offer a definitive opinion. 27
The modular design of the advice template consists of three parts: 1) the front page summary
captures the advice upfront; 2) the body explores the key issues, and 3) the annexes contain the
background facts and details. For those seeking a short advice, the front page summary captures the
question, answer, risk analysis and next steps. This promotes brevity and clear expression. The
clearly defined sections highlight the key issues by having main headings phrased as questions to
engage the reader; section summaries in bold at the start of each section give a brief answer to the
question; and the numbered paragraphs make the advice navigable. 28 Corrs has sought to balance
good design and the client's perspective with their lawyers' perspective and ease of use. 29
The Corrs advice template example above illustrates how layered information can be used as a way
to simplify legal documents. This means designing a document so that it can be read first at a
summary level that gives an overall understanding, with additional information available if needed.
This structure is widely used in writing for the World Wide Web, where readers can click on a link
to find more details. It is also effective in printed documents.
Several projects have looked into the simplification of legal materials, such as online policies and
terms and conditions, seeking to solve the problem of non-accessible legal texts.30 Creative
Commons licenses31 rely on layered information: first, there are simple, recognizable icons that can
be clicked on to reveal a plain-language version of the relevant text. If additional information is
required, the full text is also available just one click away. As illustrated in Figure 3, there is the so-
called Legal Code (the “lawyer readable” version, the full license), the Commons Deed (the “human
readable” version), and the “machine readable” version of the license. 32 To choose a license, a
creator of a work who wishes to become a Creative Commons licensor answers a few simple
questions, such as “Do I want to allow commercial use?” and “Do I want to allow derivative
25
Corrs Incisive Advice Template 2012. The web page shows a sample image and summary of the advice template.
26
Id.
27
Id. – Corrs template won a Design Award in the Business Service category at the Australian International Design
Awards 2012. See http://corrs.com.au/news/corrs-incisive-advice-honoured-at-australian-international-design-
awards/.
28
Corrs Incisive Advice Template 2012.
29
The template is integrated into Corrs’ word processing application. Dialog boxes allow lawyers to insert basic
information, such as client details, and the shell of the advice is automatically created (including front page summary
framework and risk analysis table) ready for the content to be incorporated. Corrs provides its lawyers with a series of
visual tools (tables, timelines, flowcharts) that they can insert into the document. See Id.
30
For a compilation in the context of the Common Terms project, see Lannerö 2012.
31
See Creative Commons n.d., http://creativecommons.org/licenses.
32
Id.: “Taken together, these three layers of licenses ensure that the spectrum of rights isn’t just a legal concept. It’s
something that the creators of works can understand, their users can understand, and even the Web itself can
understand.”
works?” The introductory text to the Creative Commons licenses invites the reader to think of the
Commons Deed “as a user-friendly interface to the Legal Code beneath”. 33
Experiments exist that prove how credit card agreements and other consumer contracts as well as
commercial contracts can benefit from a new, more user-friendly approach.35 Further projects have
aimed to simplify, for example, an online game’s terms of service, a rail network’s disclaimer, and a
law firm’s standard terms of engagement. 36 These examples rely on layered information,
visualization, and other information design methods. Together, they demonstrate that it is possible
to bring together what is desirable from a usability point of view with what is legally sound. New
templates and automation, once available, can make these methods accessible to a wider audience. 37
3. Conclusion
Legal documents are not just about the law – they are also about information and communication.
When drafting legal documents, the focus is typically on the content and legal concerns, rather than
the documents’ appearance or “look and feel”. However, for those whose rights and duties depend
on the documents, these aspects matter. Overly complex documents may be ignored or
misunderstood, and their implementation may fail.
Information design offers tools and methods that help elicit information and communicate complex
messages clearly and effectively. Using these methods at the document preparation stage, drafters
can engage others in the process and collaborate with them to produce better drafts. Layered
information and visualization can make the core message easy to find, understand and act upon.
Drafters can adopt from designers and engineers a fresh, innovative approach to document design:
one that helps them produce documents that meet or exceed lawyers’ and other users’ expectations.
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