Communication is key. Legal documents, contracts, and statutes form the backbone of our legal system, shaping relationships, defining rights, and establishing rules. For centuries, legal writing has been synonymous with complex, convoluted jargon known as “legalese.” However, there has been a noticeable shift towards “Plain Language” writing standards in recent years. This evolution not only makes legal documents more accessible but also improves transparency and comprehension for all involved parties.
The Era of Legalese
Traditionally, legal documents were filled with archaic language, Latin phrases, and convoluted sentence structures. This style, known as legalese, was seen as a mark of professionalism and authority. Legal professionals prided themselves on their ability to navigate this complex language, often creating an exclusive club where only the initiated could truly understand legal documents.
Legalese served several purposes. It was believed to be more precise and less prone to misinterpretation. Additionally, it created a sense of formality and authority. However, this style came at a cost. Legalese made legal documents inaccessible to the general public, perpetuating a divide between the legal system and those it was meant to serve.
The Shift to Plain Language
Recognizing the shortcomings of legalese, there has been a growing movement towards “Plain Language” in legal writing. This shift aims to make legal documents clearer, more concise, and easier to understand for non-lawyers. Plain Language writing focuses on clarity, brevity, and simplicity without sacrificing legal accuracy.
Several factors have contributed to the adoption of Plain English:
- Accessibility: Legal documents are not only read by lawyers but also by clients, jurors, and the general public. Using Plain Language ensures that legal concepts are understandable to a broader audience.
- Clarity and Precision: Plain Language eliminates ambiguity and encourages precise expression of legal concepts, reducing the likelihood of misinterpretation or disputes.
- Efficiency: Clearer writing saves time and resources by minimizing the need for clarification or interpretation.
- Internationalization: In an increasingly globalized world, Plain Language facilitates understanding across language barriers and legal systems.
Plain Language in Practice
Courts, legislatures, and legal professionals around the world are embracing Plain Language writing standards. Legal documents, including statutes, contracts, and court opinions, are being rewritten in clearer language. Many jurisdictions now require documents to be written in Plain Language to enhance accessibility and comprehension.
For instance, instead of “heretofore,” legal writers now use “before,” and rather than “notwithstanding the foregoing,” they use “despite what was said before.” Latin phrases like “prima facie” are replaced with “at first glance” or “on its face.” These changes might seem subtle, but they make a significant difference in readability.
Challenges and Criticisms
Despite the benefits, the transition to Plain Language drafting faces challenges. Some legal professionals argue that the precision and formality of legalese are necessary in certain contexts. Critics also express concerns about oversimplification leading to unintended consequences or ambiguity.
Additionally, breaking away from centuries-old traditions can be met with resistance. Legal education and entrenched practices may slow down the adoption of Plain Language drafting. In the end, however, effective communication should not be a privilege reserved for legal experts but a right afforded to everyone affected by the law.
