Legal documents, court filings, and contracts are often filled with complex and outdated language that many people struggle to understand. This kind of writing, commonly known as ‘legalese,’ includes long-winded sentences, Latin phrases, and obscure terminology. While this style may have historical roots, it can create confusion and reduce access to justice. Today, many legal professionals and organizations advocate for eliminating legalese in favor of clear, straightforward communication. Making legal language more accessible benefits not only clients but also lawyers, judges, and society as a whole.
Understanding Legalese and Its Origins
Legalese refers to the traditional style of writing used in legal documents. It often includes:
- Archaic words such as ‘heretofore,’ ‘therein,’ or ‘notwithstanding’
- Long, complex sentences packed with clauses
- Latin terms like ‘habeas corpus,’ ‘prima facie,’ and ‘inter alia’
- Passive voice constructions and double negatives
This style developed over centuries when law was written in Latin and later transitioned into English through old legal traditions. At the time, such language provided consistency in interpretation. However, in today’s fast-paced and diverse world, this kind of writing often creates barriers rather than clarity.
Why Eliminating Legalese Matters
Clear legal writing promotes fairness and transparency. Here are a few reasons why eliminating legalese is crucial:
1. Improving Access to Justice
Many people interact with the legal system without a lawyer. When legal documents are filled with jargon, the average person may not understand their rights or obligations. Using plain English helps people make informed decisions and reduces misunderstandings.
2. Enhancing Client Communication
Clients rely on lawyers to explain legal matters clearly. If documents are too technical, clients might feel confused or mistrustful. By using plain language, legal professionals can strengthen relationships and build trust.
3. Increasing Efficiency
Clear writing reduces the time spent interpreting or clarifying documents. This leads to faster decision-making and minimizes the risk of costly mistakes. Courts, businesses, and government agencies benefit when information is presented in a simple and direct manner.
4. Strengthening Legal Outcomes
Misunderstood contracts and unclear regulations can result in lawsuits or noncompliance. Plain language helps ensure that everyone involved understands the terms, reducing the likelihood of disputes.
Examples of Legalese vs. Plain Language
To better understand the problem, consider these common legal phrases and how they can be simplified:
- Legalese: The party of the first part shall indemnify and hold harmless the party of the second part.
Plain English: You agree to protect us from any claims or losses. - Legalese: Notwithstanding anything to the contrary contained herein…
Plain English: Even if another part of this agreement says something different… - Legalese: In witness whereof, the parties hereto have executed this agreement.
Plain English: The parties have signed this agreement.
These examples show how legal writing can be simplified without losing meaning or precision.
How to Eliminate Legalese
Many lawyers want to write more clearly but are unsure where to start. The following steps can help legal professionals move toward clearer communication:
Use Common Language
Replace old or complicated words with modern, everyday language. Avoid using Latin unless it’s essential, and favor short, direct words over longer, fancier ones. For example, use start instead of commence, and buy instead of purchase.
Shorten Sentences
Break long sentences into shorter ones with one idea per sentence. This makes the content easier to read and digest. Avoid strings of clauses that make the meaning hard to follow.
Use the Active Voice
Active voice clearly shows who is doing what. Instead of saying The contract was signed by the parties, say The parties signed the contract.
Define Unfamiliar Terms
If a technical or legal term is necessary, define it clearly the first time you use it. This helps readers follow the meaning without confusion.
Organize for Readability
Use headings, bullet points, and numbered lists to organize information. Clear formatting improves comprehension and helps readers find what they need quickly.
Organizations Promoting Plain Legal Language
Various organizations around the world promote plain language in law. In the United States, the Plain Language Action and Information Network (PLAIN) encourages government agencies to use clear language. Similarly, the Legal Plain Language Movement in the UK works to simplify court forms and public-facing documents.
Law schools are also beginning to include plain language training as part of their legal writing curriculum, teaching future lawyers to prioritize clarity and accessibility.
Challenges in Moving Away from Legalese
Despite the advantages of plain language, some lawyers resist abandoning traditional styles. Concerns include:
- Fear of losing legal precision
- Perception that plain language is less professional
- Inertia and resistance to change
However, studies show that plain legal writing can be just as accurate and often more effective. Judges, clients, and even fellow lawyers prefer clarity over complexity.
The Future of Legal Writing
The trend toward eliminating legalese is growing. Courts, corporations, and law firms increasingly recognize the value of clear communication. Many standard contracts now include simpler wording, and legal websites offer plain English explanations of legal rights.
Legal tech tools also support this shift. Some software applications can analyze documents and suggest plain language alternatives, helping lawyers modernize their writing without sacrificing precision.
Clarity is the New Standard
Eliminating legalese is not just a stylistic choice it’s a commitment to clarity, fairness, and respect for the reader. In a time when transparency matters more than ever, the legal profession has a responsibility to communicate in ways that everyone can understand. Whether you’re drafting a will, writing a lease, or creating a privacy policy, plain language should be the goal. Making legal writing accessible helps build trust in the justice system and ensures that the law truly serves the people.