Define: Legalese

Legalese refers to the complex, technical language often used in legal documents, contracts, statutes, and court proceedings. It is characterized by its formality, precision, and reliance on specialised terminology.

Legalese is used to ensure clarity, precision, and consistency in legal documents, which helps to minimise ambiguity and interpretation errors. It also serves to establish a formal and authoritative tone and to comply with legal requirements and conventions.

Legalese can be difficult to understand for individuals who are not familiar with legal terminology or the conventions of legal writing. It often employs archaic language, Latin phrases, and complex sentence structures that may be unfamiliar or confusing to non-lawyers.

Some common examples of legalese include terms such as “herein,” “heretofore,” “whereas,” “notwithstanding,” “hereinafter,” “party of the first part,” “prima facie,” and “inter alia.” It also includes Latin phrases like “pro bono,” “sine qua non,” “habeas corpus,” and “per se.

While legalese is often used in legal documents for precision and consistency, there is a growing movement within the legal profession to use plain language whenever possible. Clear and simple language can improve understanding and accessibility for clients, judges, and the general public.

Understanding legalese requires familiarity with legal terminology, concepts, and conventions. Non-lawyers can improve their understanding by seeking explanations from legal professionals, using legal dictionaries or resources, and taking courses or workshops on legal writing and terminology.

Yes, legalese can often be translated into plain language by simplifying complex terms and concepts, avoiding jargon and unnecessary technical language, and using clear and concise wording. Plain language translations make legal documents more accessible to non-lawyers.

Yes, there are ongoing efforts within the legal profession to reduce the use of legalese and promote plain language in legal writing. Many jurisdictions have adopted plain language legislation or guidelines for drafting legal documents, and legal professionals are increasingly encouraged to communicate with clients and the public in clear and understandable terms.

Reducing legalese can improve access to justice by making legal information more understandable and accessible to individuals who are not trained in the law. It can also enhance communication between lawyers and clients, reduce the risk of misunderstandings or misinterpretations, and promote transparency and trust in the legal system.