When people read official documents, contracts, or terms and conditions, they often find the language confusing and overwhelming. This is usually because the text is written in legalese language filled with jargon, old-fashioned words, and complex sentence structures. On the other hand, plain language aims to make communication clear and simple so that everyone, regardless of background, can understand it. The difference between plain language and legalese has become an important topic in law, government, and business, as more people demand transparency and accessibility in communication.
Understanding Plain Language
What Is Plain Language?
Plain language refers to writing that is clear, concise, and easy to understand. The goal is for the reader to grasp the message the first time they read it. Plain language avoids unnecessary technical terms, legal jargon, or complicated grammar.
Key Features of Plain Language
- Uses everyday words instead of obscure terminology
- Keeps sentences short and direct
- Follows a logical structure
- Focuses on the reader’s needs
- Uses active voice instead of passive
Why Plain Language Matters
Plain language helps people make informed decisions. Whether signing a lease, understanding a health plan, or following legal instructions, people benefit when the text is clear. It improves trust, reduces misunderstandings, and saves time for both readers and writers.
Understanding Legalese
What Is Legalese?
Legalese is a style of writing used in legal documents. It is characterized by lengthy sentences, Latin phrases, and complex vocabulary. Lawyers often use legalese because it has been shaped by centuries of legal tradition and is designed to be precise in meaning.
Common Characteristics of Legalese
- Use of archaic terms like ‘hereby,’ ‘heretofore,’ and ‘notwithstanding’
- Long, complex sentences
- Frequent use of passive voice
- Inclusion of Latin expressions such as ‘ipso facto’ or ‘habeas corpus’
Why Legalese Persists
Many legal professionals believe legalese provides clarity and protects against multiple interpretations. The precision of legal language is considered essential in contracts, laws, and court rulings. However, critics argue that legalese often excludes non-lawyers and creates barriers to understanding.
Comparing Plain Language and Legalese
Accessibility
Plain language is more accessible to the general public. A person without a legal background can read a plain-language document and understand the meaning. Legalese, on the other hand, often requires legal training to interpret.
Efficiency
Plain language speeds up communication. Readers spend less time trying to decode the message. Legalese may slow down reading, increase confusion, and require additional clarification from legal experts.
Risk of Misunderstanding
While legalese aims to reduce legal risk through detailed language, it may unintentionally increase the risk of misunderstanding for everyday readers. Plain language tries to strike a balance between clarity and accuracy.
Trust and Transparency
Documents written in plain language often create a sense of trust. People feel respected when they are presented with information they can understand. Legalese can sometimes come across as secretive or manipulative, even when that is not the intent.
Examples of Plain Language vs Legalese
Example 1: Rental Agreement
- Legalese: ‘The Lessee shall remit the sum of one thousand and 00/100 dollars ($1000.00) on the first day of each calendar month, commencing on the date hereof.’
- Plain Language: ‘You must pay $1000 rent on the first day of every month, starting today.’
Example 2: Return Policy
- Legalese: ‘Returns will not be honored subsequent to the lapse of a fourteen (14) day period from the date of purchase.’
- Plain Language: ‘You must return the item within 14 days of buying it.’
Efforts to Promote Plain Language
Legal and Government Reforms
Many governments around the world now require public documents to be written in plain language. In the United States, the Plain Writing Act of 2010 mandates that federal agencies use clear communication. Similar movements have grown in Australia, Canada, and the United Kingdom.
Benefits for Businesses
Companies that adopt plain language in contracts, instructions, and customer communication often see improved customer satisfaction. Clear policies and agreements reduce the number of customer service issues and build brand loyalty.
Educational Initiatives
Law schools and writing programs increasingly offer courses on plain legal writing. The idea is to prepare future professionals to communicate with the public in a way that is both accurate and clear.
When Legalese Is Still Useful
Precision in Legal Contexts
In some cases, legalese is still appropriate. For instance, court rulings and certain formal contracts require exact definitions that have been built over time through legal precedent. In these contexts, plain language may not be enough to express legal nuance.
Use with Clarification
One compromise is to keep the legal terms but include plain-language explanations. For example, a contract might define a term like ‘indemnify’ and then provide a brief explanation of what it means for the parties involved.
Tips for Writing in Plain Language
Start With the Audience
Know who you are writing for. Use words and examples your readers will understand.
Organize Information Clearly
Use headings, bullet points, and short paragraphs to guide the reader.
Use Everyday Words
Replace legal or technical terms with common words when possible.
Be Direct
Use active voice and avoid filler words. Get to the point quickly.
Test Your Writing
Ask someone unfamiliar with the topic to read your work. If they understand it easily, you’re on the right track.
The difference between plain language and legalese is more than a matter of style it’s about who gets to understand and participate. Plain language empowers people by making information accessible. While legalese still has a role in certain formal contexts, the move toward clear communication is essential in a world that values transparency and inclusion. Whether writing legal documents, contracts, policies, or public instructions, the goal should be to inform, not confuse. Choosing plain language whenever possible builds trust, reduces risk, and helps everyone get on the same page.