Justice, Plain and Simple: A Report of the 2019 Siben & Siben Conference on Plain Language and Simplification

• Date: 01 January 2020
• Published date: 01 January 2020
• Author: Emily J. Stolzenberg
• DOI: http://doi.org/10.1111/fcre.12466

REPORT

JUSTICE, PLAIN AND SIMPLE: A REPORT OF THE 2019 SIBEN &

SIBEN CONFERENCE ON PLAIN LANGUAGE AND SIMPLIFICATION

Emily J. Stolzenberg*

Our laws and legal processes were designed “by lawyers, for lawyers,”

1

but the majority of liti-

gants in family court, as well as in housing, foreclosure, and consumer debt cases, now lack attor-

ney representation.

2

These self-represented litigants face significant barriers to successfully

navigating the legal system.

3

In addition to lacking specialized legal knowledge, self-represented lit-

igants may struggle with low levels of literacy.

4

About 32 million adults in the United States cannot

read, and half of adults in the U.S. cannot read at or above an eighth-grade level.

5

English literacy

rates can be even lower in immigrant populations.

6

Plain language and simplification reform efforts are vital to making the legal system accessi-

ble to self-represented litigants. As defined by the International Plain Language Federation,

“[a] communication is in plain language if its wording, structure, and design are so clear that

the intended readers can easily find what they need, understand what they find, and use that

information.”

7

Plain language is just one component of simplification efforts, which also include

simplifying court forms and procedures, legal processes, and substantive law. Plain language

and simplification can improve access to justice by making it easier for self-represented litigants

to pursue their individual cases, as well as by increasing general public confidence in the legal

system.

To publicize the importance of and generate momentum for plain language and simplification

reform efforts, the Maurice A. Deane School of Law’s Center for Children, Families and the Law

(“the Center”) hosted a conference called “Plain and Simple: Making the Legal System Accessible

to All”on March 29, 2019. Co-sponsored by the Self-Represented Litigation Network, the Institute

for the Advancement of the American Legal System (IAALS), and the Hofstra J.D. and Master of

Forensic Linguistics Joint Degree Program,

8

this one-day Conference at Hofstra University brought

together a broad array of professionals to discuss improving access to the legal system through plain

language and simplification efforts. The approximately ninety-five Conference participants included

legal aid attorneys and attorneys in private practice; judges and court staff; New York City Council

legislative staff; college professors, law professors, and a professor of nursing; and Hofstra Univer-

sity and law students.

9

This Report summarizes what transpired at the Conference, including the

deliberations and recommendations of the Conference’sfive working groups, and highlights some

important post-Conference developments.

Corresponding: emily.j.stolzenberg@hofstra.edu

*Visiting Assistant Professor of Law and Center for Children, Families and the Law Research Fellow, Maurice A. Deane

School of Law at Hofstra University. I thank Katherine Alteneder, Julie Clement, Fern Fisher, Paul Meller, Andy Schepard,

and Amy Stein for helpful comments and feedback. I also thank Hofstra law students Melissa Bohl, Shannon Carbocci,

Mirdalie Charles, Amanda Dane, Gianna Gulli, Sarah Levy, and Olivia Porter for their invaluable contributions to this

Report.

FAMILY COURT REVIEW, Vol. 58 No. 1, January 2020 174–194

© 2020 Association of Family and Conciliation Courts

I. THE CONFERENCE

“Plain and Simple: Making the Legal System Accessible to All”opened with remarks by the Hon-

orable Jeffrey A. Goodstein, Supervising Judge, Nassau County Supreme Court Matrimonial Center.

At the conclusion of his remarks, the Center honored Judge Goodstein as its inaugural Siben & Siben

Access to Justice Champion for his support for the Navigator Program, through which law student

volunteers provide self-represented litigants with legal information related to their court cases.

10

Judge Gail Prudenti, Dean of the Maurice A. Deane School of Law at Hofstra University, then intro-

duced Former Chief Judge Jonathan Lippman, who delivered a keynote address.

A plenary panel then introduced Conference participants to “The Movement for Plain Language

and Simplification.”Panelists included the following:

Katherine Alteneder, Executive Director, Self-Represented Litigation Network

Alan Bailin, Professor of Library Services, Hofstra University

Julie Clement, Owner and Principal, J. Clement Communications; President, Clarity

International

Hon. Fern Fisher, Special Assistant for Social Justice Initiatives to the Dean of the Mau-

rice A. Deane School of Law at Hofstra University; Former Deputy Chief Administrative

Judge for New York City Courts; Former Director, New York State Courts Access to Jus-

tice Program

Richard Neumann, Alexander Bickel Distinguished Professor of Law, Maurice A. Deane

School of Law at Hofstra University

Veronica Pareja Hemminger, Third-Year Law Student, Maurice A. Deane School of Law

at Hofstra University

Hon. Jeffrey S. Sunshine, Justice, Supreme Court of the State of New York, Kings

County; Statewide Coordinating Judge for Matrimonial Cases; Supervising Judge for Mat-

rimonial Matters, Kings County

After the opening plenary, the Conference participants broke into five working groups. Each

group was given a set of discussion questions

11

and free reign to deliberate. The discussion ques-

tions encouraged participants to identify bar riers that litigants may encounter in navigating the legal

system and to brainstorm how to improve access by simplifying legal language, documents, pro-

cesses, and rules. The five working groups, listed below, each addressed a different topic important

to reform efforts:

1. The Nuts and Bolts of Plain Language and Simplification

2. Plain Language and Simplification Reform in Matrimonial and Family Law

3. Undergraduate Curriculum and Career Pathways in Plain Language

4. Law Schools and Plain Language

5. Plain Language and Simplification in New York State Laws and Judicial Opinions

At the end of the Conference, the participants came back together to hear reports on the delibera-

tions of each group.

II. SUMMARY OF WORKING GROUP DELIBERATIONS AND RECOMMENDATIONS

This Section reports each working group’s discussion and summarizes their conclusions, or

“Takeaways.”A complete list of all recommendations is attached to this Report as Appendix B.

A. THE NUTS AND BOLTS OF PLAIN LANGUAGE AND SIMPLIFICATION

Group leaders:

Stolzenberg/JUSTICE, PLAIN AND SIMPLE 175