Clarity International is an international association promoting plain legal language. We met to learn about usability testing of documents, and tried the 'Pens of Power' technique on a clause from the Modern Commercial Lease

1. Testing
documents
A quick introduction
to usability testing
Clarity International
London meeting
28 January 2016
Caroline Jarrett
Effortmark Ltd
@cjforms

2. 2
Image credit: Caroline Jarrett

3. 3
Image credit: Caroline Jarrett

4. Usability: use something to do something
“The extent to which a product can be used by
specified users to achieve specified goals with
effectiveness, efficiency, and satisfaction in a
specified context of use.”
ISO 9241:11
https://www.iso.org/obp/ui/#iso:std:iso:9241:-11:ed-1:v1:en

5. Usability: use something to do something
“The extent to which a product can be used by
specified users to achieve specified goals with
effectiveness, efficiency, and satisfaction in a
specified context of use.”
ISO 9241:11
https://www.iso.org/obp/ui/#iso:std:iso:9241:-11:ed-1:v1:en

6. 6
Image credit: Caroline Jarrett

7. Usability of a sign
• The product
• The users
• The specified goal
• The context of use

8. Usability testing:
watching a user try to achieve the goal
• Participants are real users
• Participants do real tasks
• You observe and record what participants do
• You think about what you saw:
– Analyze data,
– Diagnose problems,
– Recommend changes.
• Make changes and test again
Image credit: Caroline Jarrett

9. Usability test of a sign
• Work out how long it will take you to walk to the station

10. Work out how long it will take you
to walk to the station
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Image credit: Caroline Jarrett

11. Usability testing:
watching a user try to achieve the goal
• Participants represent real users
• Participants do real tasks
• You observe and record what participants do
• You think about what you saw:
– Analyze data,
– Diagnose problems,
– Recommend changes.
• Make changes and test again
Image credit: Caroline Jarrett

12. Work out how long it will take you
to walk to the station
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Image credit: Caroline JarrettImage credit: Caroline Jarrett

13. Testing legal documents
can be a bit trickier
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APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT
CERTIFICATES, ITUNES CARDS OR CODES, CONTENT CODES,
ALLOWANCES, OR THE ITUNES STORE, APP STORE, MAC APP STORE, OR
IBOOKS STORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE, ITUNES
CARD OR CODE, CONTENT CODE, OR ALLOWANCE IS NONFUNCTIONAL,
YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE
REPLACEMENT OF SUCH GIFT CERTIFICATE, ITUNES CARD OR CODE,
CONTENT CODE, OR ALLOWANCE. THESE LIMITATIONS MAY NOT APPLY
TO YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
http://www.apple.com/legal/internet-services/itunes/us/terms.html

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https://userresearch.blog.gov.uk/2015/07/01/what-does-this-mean-tips-for-testing-your-words/

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https://userresearch.blog.gov.uk/2014/09/02/a-simple-technique-for-evaluating-content/

16. Usability: use something to do something
“The extent to which a product can be used by
specified users to achieve specified goals with
effectiveness, efficiency, and satisfaction in a
specified context of use.”
ISO 9241:11
https://www.iso.org/obp/ui/#iso:std:iso:9241:-11:ed-1:v1:en

17. 17
http://modelcommerciallease.co.uk/

18. 18
5.1 Quiet enjoyment
The Tenant may peaceably hold
and enjoy the Premises during the
Term without any interruption by the
Landlord or any person lawfully
claiming under or in trust for the
Landlord except as permitted by
this Lease.

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5.1 Quiet enjoyment
The Tenant may peaceably hold
and enjoy the Premises during the
Term without any interruption by the
Landlord or any person lawfully
claiming under or in trust for the
Landlord except as permitted by
this Lease.
Familiar Unfamiliar

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Martin is renting a small unit in a
shopping centre for use as a second-
hand bookshop on a short lease.
He's negotiated a rent of £4000 a year.
Cash flow is tight so he wants to know
exactly what he has to pay and on
what date, and whether there will be
any extras.
Helps with answer Doesn’t help

21. Usability test of a clause
• What did we learn?

22. Choose a pair of topics
that are relevant to the goal
If the specified goal is… You might ask users to mark up …
Provide an answer Helps with answer Doesn’t help
Explain an obligation Helps to explain Confuses / unhelpful
Record an agreement Point of agreement Point of disagreement
Create confidence Increases confidence Decreases confidence
Use familiar words Familiar words Unfamiliar words

23. Usability: use something to do something
“The extent to which a product can be used by
specified users to achieve specified goals with
effectiveness, efficiency, and satisfaction in a
specified context of use.”
ISO 9241:11
https://www.iso.org/obp/ui/#iso:std:iso:9241:-11:ed-1:v1:en

24. Usability testing:
watching a user try to achieve the goal
• Participants are real users
• Participants do real tasks
• You observe and record what participants do
• You think about what you saw:
– Analyze data,
– Diagnose problems,
– Recommend changes.
• Make changes and test again
Image credit: Caroline Jarrett

25. Caroline Jarrett
Twitter @cjforms
http://www.slideshare.net/cjforms
carolinej@effortmark.co.uk
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