Plain language and the law: rethinking legal information for vulnerable people in Australia

Abstract

This thesis evaluates the effectiveness of plain language legal information resources for vulnerable people from the perspective of legal service providers working in the community legal sector in Australia.Plain language legal information aims to improve individuals’ access to the legal system. However, limited research is available that tests the effectiveness of legal information resources. Some studies have considered the effectiveness of self-help legal services, and others have studied the effectiveness of applying plain language to legislation and legal documents such as contracts. This thesis specifically considers the target audience of vulnerable groups, who are more likely to experience unmet legal need, turn to legal assistance services, and be expected to use legal information resources.The research method involves semi-structured qualitative interviews with 20 participants working in community legal services and legal aid commissions. Participants were asked whether using plain language principles to draft legal information resources helped to make those resources more useful for the people who accessed their services.The thesis adopts Amartya Sen’s capability approach and applies Iris Marion Young’s theory of structural injustice in the context of the research. It argues that the limitations of our justice system and access-to-justice reforms create structural disadvantage, particularly for people who are already vulnerable.My findings show that difficulty in translating legal concepts into plain language comes not only from the concepts themselves, but from their positioning within a complex legal system, which requires specialised knowledge to understand. Funding shortages limit the time participants can spend on community engagement and properly researching, testing, and evaluating resources. Participants did not have the skills required to translate complex legal concepts into plain language. Further, in the context of vulnerability, the availability of plain language legal information is less relevant than other factors, such as an individuals’ capability and access to advocacy services. This thesis shows that using clear and plain language in complex legal matters is more difficult than plain language advocates suggest, and that even clearly presented information is not always used by, or useful for, vulnerable people, even when they have the support of legal advice. Even if vulnerable people receive specific information that is directly related to a legal problem they have sought help to resolve, this does not guarantee that they will read it or have the capability to understand and apply it.Although the findings show that legal information is not always useful for vulnerable people, whether written in plain language or not, participants felt that providing such information is essential. This is due to an underlying belief across the community legal sector that legal information resources can empower people to help themselves. In the broad access-to-justice landscape, the expectations of personal responsibility placed on vulnerable people are disproportionate, and the expectation that the provision of legal information resources to vulnerable people will empower them to resolve their own legal problems is unrealistic and unjust.These research findings lead to the recommendation that the burden of legal information provision should be moved away from the services whose target group is vulnerable people, and that other bodies—with the necessary skills and resources—should be funded to create appropriate legal information resources. The thesis encourages a cultural shift within the legal assistance sector away from the idea that legal information can empower vulnerable people. More research should be conducted to consult vulnerable people and engage them in finding solutions that work when determining how best to meet their legal needs. Finally, the study supports a shift in focus to improving the structures that affect access to legal assistance, and the legal system generally, for vulnerable people.