#23903
Answering the Critics of Plain Language
Plain language has to do with clear and effective communication -- nothing more or less. It does, though, signify a new attitude and a fundamental change from past practices.
Kimble, Joseph. Plain Language Network (2003). Articles>Writing>Legal>Minimalism
#14955
The Basics of the Entity Alphabet©
Has anyone told you something that sounded like 'I folded my S-Corp into a C-Corp, then transferred the shares to an LLC that was the GP of an LLP'? It used to be easy. You were either a corporation, partnership, or if only one owner, sole proprietorship. Nowadays, the proliferation of choice of entities for even small, single-owner businesses can be daunting. While it can all be very confusing, all of this alphabet jargon boils down to two basic issues: taxation and liability. In the old days, you could only have limited liability if you were taxed as a corporation and could only be taxed as a partnership if you had full liability. Now the two issues have been separated, giving modern business owners the full range of possibilities. Let's take a look at how these two issues have been dealt with and what concessions business owners have wrestled out of the IRS in the last 20 years with the introduction of the Limited Liability Company (LLC).
Jurney, Thomas F. STC Williamette Valley (2002). Careers>Management>Legal
#31785
In 1992, the American Bar Association released the MacCrate Report, which listed the ten skills and four professional values that all attorneys need and critiqued law schools and state bars for not doing enough to teach and encourage the development of these skills and values. In response, law schools have significantly increased the skills-based components in their curricula, and most state bar exams now include a performance test. Technical and Professional Communication (TPC) programs already provide substantial instruction in all of the skills and values described in the MacCrate Report; further, an education in TPC prepares graduates to excel in law school and on the bar exam. This knowledge offers opportunities for growth if educators, administrators, and scholars take steps to encourage students to consider not only writing for but also joining in the legal profession.
Todd, Jeff. Journal of Technical Writing and Communication (2008). Articles>Education>Legal>Business Communication
#31423
Communicators and Lawyers: Winning in Both Courts
Professional communicators and attorneys have long stood side by side as both fought to win in court—one in the court of law, the other in the court of public opinion. These two sometimes wary compatriots, however, are now beginning to partner more frequently to garner the best results for the executive suite.
Deveney, John and Meghan Ozcan. Communication World Bulletin (2005). Articles>Business Communication>Legal
#10033
This is a reference library of forms to help protect your work and your visitors. It contains sample forms, contracts, and charts to ease the legal technicalities of running a Web site, such as privacy policies, link agreements, copyright agreements, sweepstakes rules, and cease and desist letters.
Builder.com (2001). Resources>Legal>Contracts
#22231
Contracts: An Introduction to the Skills of Legal Writing and Analysis 
Contracts is a computer program designed for first year undergraduates studying Obligations in Glasgow University's School of Law, written by Paul Maharg and Professor Joe Thomson. It aims to improve students' written work.
#30111
Customer Profile: Ernest Svenson, PDF for Lawyers
A well-known advocate for the effective use of new technologies in the legal profession, New Orleans-based attorney Ernest Svenson finds Adobe Acrobat and PDF to be highly valued tools in a document-intensive field.
Foss, Kurt. Adobe (2007). Articles>Information Design>Legal>Adobe Acrobat
#26086
Disability Discrimination Act: An Update for 2005
Many organisations are confused and concerned about the latest requirements of the Disability Discrimination Act (DDA), which came into effect on 1st October 2004. Failure to make reasonable adjustments may mean that organisations are discriminating against disabled people. Yet what does 'reasonable adjustments' mean and what exactly do organisations need to put in place?
System Concepts (2005). Articles>Accessibility>Legal>United Kingdom
#24046
Editing All the Legalese the Law Allows 
Strictly speaking, legalese isn't intended for use outside a judicial context, but quasi-legalistic writing, with its officious tone, wordiness, and complex terms, percolates into business, government, and public interest documents. It's a parroting of the real thing -- which is already hard to swallow -- and there's a lot of it around. That kind of legalese demands to be edited, because people will do almost anything to avoid reading it.
Mayhew, Paul and Elizabeth McBurney. Editorial Eye, The (1997). Articles>Editing>Legal>Writing
#29013
The Effects of Print and Other Text Media Developments Upon the Law in America 
The law has long been shaped by the technical aspects of compiling, writing, storing, and accessing textual verbiage. Text media technology affects all areas of the law, from its intellectual basis to its promulgation, dissemination and enforcement. From America's Colonial period, the operative state of the art of printing has accordingly shaped the development of the law in America, and has caused it to grow in a different direction from the law of England. Since the Colonial period, the state of the art of text media technology has made quantum evolutionary leaps forward, impacting American law in the process. Artifacts of these text media technologies are to be found in the statutes, legislative histories, judicial decisions, and other legal materials. Modern technology has accelerated the pace of text media technology development, and has impacted the law accordingly. Current developments continue to impact the law on an ongoing basis, and future developments in text media technology can be expected to leave their impact upon the law.
Ryesky, Kenneth H. Journal of Technical Writing and Communication (1999). Articles>Publishing>Legal>History
#29773
Errors and Omissions Insurance: Assuming the Risk of Professional Liability 
Like most other business owners, technical communicators may, from time to time, have legal exposure for their actions and mistakes. Errors and omissions insurance is one way to manage the risks the associated with operating a business and while it may not be the best solution for everyone, it's worth considering whether the benefits of this of insurance coverage outweighs the costs.
Juillet, Christopher. STC Proceedings (2004). Careers>TC>Legal
#19454
Freedom of Information Act Fundamentals
FOIA has become an indispensable tool for probing actions of government and the companies and people that come into contact with government. Your catch is only limited by your imagination.
Wilson, Duff. Society of Environmental Journalists (2002). Resources>Legal>Government>Civic
#22049
This is an example of a typical agreement used for freelance writing assignments. Not that there is specific limitation of rights granted to the “buyer.” In no case do you want to sell blanket rights to your writing. It may be necessary to do it, but make every effort to negotiate a first national rights condition. If the clients wants more, get them to pay more.
#23701
Writing spots were becoming fewer and farther between, and it was clear that I'd have to make a career change. I used to pick up temporary secretarial spots during lulls, but with the downswing in the economy and the proliferation of PCs, the demand for word processing gurus had dwindled considerably. Most of the writing jobs that did come my way over the last three years were dreadful. Job satisfaction had reached an all-time low.
Lookabaugh, Nancy K. MetroVoice (2002). Careers>Writing>Legal
#25005
Gender-Free Legal Writing: Managing the Personal Pronouns
Where a statement of any complexity is made about a person, the maker of the statement may face decisions about how further references should be framed.
Close, Arthur. British Columbia Law Institute (1984). Reference>Writing>Legal>Grammar
#10345
Getting Professional Help: Why Contractors and Independent Consultants Need Lawyers
This article begins with the premise that there is no such thing as a standard contract and goes on to explore some of the ways that the attorney/client relationship can have unexpected benefits for technical communication consultants and contractors. The conclusion is that these communicators should seek legal counsel to protect themselves and their businesses.
Glick-Smith, Judith L. 'Judy' and Carol Stephenson. Technical Communication Online (1998). Careers>Consulting>Legal
#21425
Lawyers may know their way around a courtroom, but they have no business designing products. Too often, in their zealous pursuit of zero liability, they end up damaging products, alienating customers, destroying companies, and killing people. It's up to you to stop them.
Tognazzini, Bruce. Nielsen Norman Group (2002). Design>User Interface>Legal
#25004
Good Legal Writing: of Orwell and Window Panes
George Orwell once wrote that `[g]ood prose is like a window pane.' What I take Orwell to have meant by that remark is that when people read good prose, it makes them feel as if they've `seen' something more clearly.
Samuelson, Pamela. University of Pittsburgh Law Review (1984). Articles>Writing>Legal>Minimalism
#31015
Explains how a leading global law firm manages its market and client research. Outlines the firm's divisions, business activities and client base. Explains in detail how the firm uses business research, covering use of market intelligence on the business issues that an individual client faces, and the gathering of intelligence about the client, to disclose the nature and extent of the firm's ambitions to advise the organization concerned. Discusses the staffing of a law firm's business research capability, pointing out that not only staff expertise but also confidentiality concerns mean that it is not always efficient for lawyers to access internal and external information sources directly. Suggests that defining the minimum business research necessary improves the usefulness of the information delivered and saves the firm time -- and that removing the uncertainty about what is required improves job satisfaction as well.
Blaxland, Diane. Business Information Review (2008). Articles>Business Communication>Legal>Collaboration
#25272
Harvard Journal of Law and Technology
The Harvard Journal of Law and Technology (JOLT) is published by Harvard Law School students. While the Journal is an official publication of the Harvard Law School, it receives no funding from the Law School and relies exclusively on subscriptions and sponsor contributions. The views expressed in the Journal do not necessarily reflect the views of the Editorial Board or sponsors of the Journal, Harvard Law School, or Harvard University.
#31422
The Hazards of Translating Legal Documents
The issue of translation is a global one and doesn't just relate to mistranslations by American and British English speakers. Today, poor translation can be particularly dangerous given the speed at which events are reported. How dangerous? According to the Dow Jones Newswire of 12 May 2005, one mistake was worth several billion U.S. dollars.
Frievalds, John. Communication World Bulletin (2005). Articles>Language>Legal>Translation
#29755
This study utilizes the hegemonic model of crisis communication to critically analyze the ideological implications of Nike's sweatshop labor crisis that culminated in the Kasky v. Nike court case. This groundbreaking case merits further examination and, informed by Gramsci's notion of hegemony, reveals the underlying ideological struggle present in the Nike crisis: a struggle for voice, power, and free corporate speech. Activist voices opposing sweatshops, Nike's defenses, and eventually, the legal decisions of the U.S. court system constituted competing voices in these ideological struggles over what is acceptable or right corporate behavior. This hegemonic struggle influenced standards for international labor, public relations efforts that misrepresent facts, and consideration of corporate public relations as free or commercial speech. This hegemonic model of crisis communication, unlike previous theories, recognizes the dynamic struggle between voices with various levels of power and the important ideological implications resulting from competing voices in crisis communication.
McHale, John P., Joseph P. Zompetti and Mary Anne Moffitt. JBC (2007). Articles>Business Communication>Legal>Public Relations
#25565
How to Build a Nonprofit for Your Community
This article details how mozdev.org built a nonprofit organization and shows you how to do the same for your community. I'll cover fundraising, obtaining legal advice, staffing, and more.
Boswell, David. O'Reilly and Associates (2004). Careers>Management>Legal
#25100
Internet Advertising and the Law
The Internet is a new marketing frontier where the rules and regulations are rapidly evolving. Governments throughout the world aim to redress this imbalance by providing protection to their citizens through laws and regulations which control the use of advertising.
Hudson, Roger. Usability.com.au (1999). Articles>Web Design>Legal>Marketing
#20063
Iolis Authoring in a Web Environment
Recently, there has been increasing focus on the acquisition of research skills by law undergraduates. One reason for this interest is a belief that many such students do not acquire an adequate level of research skills by the time that they graduate. Reflecting this concern, the Law Society/Bar Council's Joint Statement on Qualifying Law Degrees and the Quality Assurance Agency's Benchmark Standards for Law both place great emphasis on the need to improve research skills training at University level. In the light of these developments, Durham University's Centre for Law and Computing was asked to develop a self-paced learning package providing more advanced training on the skills necessary to do legal research projects. It was envisaged that the learning package in question would take the form of an Iolis style workbook. Rather than use traditional law courseware authoring tools, however, the Centre chose to experiment by attempting from the outset to develop the workbook as a website comprising interlaced text and interactions. If successful, such an approach would have the benefits of producing a prototype that was: (i) readily accessible across the Internet, or a campus intranet; (ii) customisable to the needs of individual law schools; (iii) flexible enough to reflect more of an author's own personal approach; and (iv) massively interconnectable with campus intranets and with the Internet at large.
Widdison, Robin. JILT (2002). Articles>Education>Legal>Online
