On the adequacy of legal documents: factors that influence informed consent

Abstract

People are frequently asked to make commitments by signing contracts, consent forms and other legal documents. Although it is prudent to read these forms carefully, people sometimes do not do so. The present research sought to assess some of the factors related to the usability of legal documents. In study 1, participants reported that they had signed a variety of legal documents that they did not fully read or understand. They also identified characteristics that hinder understanding and offered suggestions for improvement. In study 2, another group of participants rated those characteristics and confirmed the first study's findings. Study 3 measured the effects of three different research participation consent forms: conventional ‘legalistic’, improved, and one-line (control). Results showed that the improved form significantly enhanced comprehension compared to the conventional form and both were higher than the control. Even though comprehension with the conventional legalistic consent form was poor, all but one person signed it, agreeing to participate in a potentially risky activity. However, given the improved form, participants tended to take advantage of a stated option of doing a less risky activity. Study 4 found that consent form comprehension was greater when: (a) the form appeared to be more informal as compared to more official looking; (b) there was less time pressure compared to greater time pressure; and (c) there was an accompanying oral recitation of the consent form. Implications of these results are discussed.

Keywords:

• Contracts
• Informed Consent
• Legal
• Comprehension
• Knowledge Acquisition.