In the world of law and contracts, the language used can have a powerful impact on how information is understood and interpreted. Two common styles often discussed are legalese and plain language. Legalese refers to the traditional, complex wording often found in legal documents, while plain language seeks clarity, simplicity, and accessibility. The difference between legalese and plain language is more than just vocabulary it’s about who can understand the message, how easily they can do so, and how legal communication serves its purpose. These two styles reflect different philosophies in legal writing, each with its strengths and criticisms.
What Is Legalese?
Legalese is a style of writing used by lawyers, courts, and legal professionals. It is characterized by technical terms, long sentences, archaic phrases, and formal tone. This style has developed over centuries and is deeply embedded in the legal profession.
Key Features of Legalese
- Use of Latin terms (e.g.,habeas corpus,prima facie)
- Formal and passive sentence construction
- Redundant phrases (e.g., null and void, cease and desist)
- Complex grammar and sentence structure
- Specialized legal vocabulary
While legalese is precise and familiar to trained legal professionals, it often confuses non-lawyers. For the general public, legalese can be intimidating and inaccessible, making it hard to understand important rights or obligations.
Why Legalese Is Still Used
Despite its complexity, legalese persists for several reasons
- It maintains consistency with established legal precedent
- It is considered more accurate in capturing legal meaning
- It protects against misinterpretation by using time-tested phrases
- It creates a formal tone suitable for legal settings
Legal professionals argue that legalese reduces ambiguity and serves as a protective tool in contracts and statutes. However, this benefit often comes at the cost of clarity.
What Is Plain Language?
Plain language is a method of writing that prioritizes clarity and simplicity. The goal is for the intended audience to understand the message easily and on the first reading. In legal writing, plain language avoids unnecessary jargon, long sentences, and old-fashioned expressions.
Key Features of Plain Language
- Short, clear sentences
- Active voice instead of passive
- Everyday vocabulary
- Logical structure with clear headings
- Focus on the reader’s needs
This style has gained popularity among governments, organizations, and legal reform advocates who want legal documents to be more transparent and understandable to everyone not just lawyers.
Benefits of Plain Language
- Improves public understanding of laws and contracts
- Reduces mistakes and misunderstandings
- Builds trust between legal institutions and the public
- Saves time and reduces the need for explanations
For example, a tenancy agreement written in plain language allows tenants to understand their responsibilities without needing legal advice, increasing compliance and reducing disputes.
Comparing Legalese and Plain Language
The difference between legalese and plain language can be highlighted through several aspects of communication.
1. Vocabulary
- LegaleseUses technical terms such as herein, thereof, or aforesaid.
- Plain languageUses everyday words like in this agreement, about it, or repeats names for clarity.
2. Sentence Structure
- LegaleseOften uses long sentences with multiple clauses.
- Plain languageUses short, straightforward sentences.
3. Audience Understanding
- LegalesePrimarily written for other legal professionals.
- Plain languageWritten for the general public or clients with no legal background.
4. Tone
- LegaleseFormal, distant, and impersonal.
- Plain languageFriendly, direct, and reader-focused.
5. Purpose
- LegaleseEmphasizes legal precision and traditional style.
- Plain languageEmphasizes understanding and accessibility.
Example Comparison
Consider this sentence in legalese
The party of the first part shall indemnify and hold harmless the party of the second part against any and all liabilities, losses, damages, and claims arising therefrom.
Now rewritten in plain language
You agree to pay for any damage or costs that we suffer because of your actions.
The plain language version is easier for a non-lawyer to understand, while still preserving the meaning of the legal agreement.
Challenges of Switching to Plain Language
While plain language has many advantages, it also presents some challenges in the legal field
- Some lawyers fear that simplifying language may reduce legal accuracy
- Long-standing legal terms may be difficult to replace without changing their legal meaning
- Courts and legal traditions still expect certain formal expressions
- Translating complex legal concepts into plain language requires skill and care
However, these challenges can often be overcome with training, clear guidelines, and support from legal institutions.
Legal Reforms Supporting Plain Language
Governments and legal bodies in several countries, including the UK, Canada, and Australia, are pushing for clearer legal communication. In the UK, initiatives encourage government forms, legal information leaflets, and public contracts to use plain English wherever possible. These changes aim to make justice more accessible and reduce the language barrier between the legal system and ordinary citizens.
When to Use Legalese and When to Use Plain Language
Each style has its place, depending on the audience and context. Legalese may still be suitable in court filings, legal opinions, or detailed contractual clauses where specific meanings are crucial. However, plain language is preferred when the goal is to inform, educate, or ensure compliance from a non-expert audience.
For example
- Use legaleseIn court submissions, formal judgments, and legal citations.
- Use plain languageIn consumer contracts, websites explaining legal rights, or government forms.
The difference between legalese and plain language reflects more than just writing style it reflects how law interacts with society. While legalese may offer precision, it often creates a barrier to understanding. Plain language aims to make legal communication accessible, fair, and user-friendly. As the legal profession evolves, there is a growing demand for clear and simple legal documents that serve both legal accuracy and public comprehension. Finding the right balance between these two styles is the key to effective and responsible legal communication.