Colloquial Phrases in Legal Writing: Understanding and Avoiding Informal Legal Language

In legal writing, clarity and precision are paramount. Yet, one of the common pitfalls many lawyers and law students face is the use of colloquial phrases and informal language. This blog delves into the essence of colloquial expressions in legal writing, their impact on legal documents, and why it is crucial to avoid them. We’ll cover a variety of areas, including:

1. What Are Colloquial Phrases in Legal Writing?
2. The Impact of Colloquial Language on Legal Documents
3. Common Examples of Informal Legal Language
4. How to Avoid Colloquialisms in Legal Writing
5. Benefits of Using Plain Language in Legal Documents
6. Conclusion: Striking a Balance Between Clarity and Formality

Colloquialisms can muddle legal documents, making them less precise and professional. Legal jargon, while sometimes difficult to understand, aims to provide specific and unequivocal meaning (e.g., offer and acceptance in a contract case). But where do we draw the line between complicated legalese and overly casual language or formal vs informal legal language? After all, the goal is to provide clear legal writing. This blog aims to:

• provide guidance on understanding and avoiding informal legal phrases;
• offer practical legal writing tips to enhance your legal documents; and,
• provide legal writing examples.

What Are Colloquial Phrases in Legal Writing?

Colloquial phrases, often referred to as slang or informal language, are expressions that are commonly used in everyday conversation but are considered inappropriate in formal contexts such as legal writing. These phrases tend to be casual, idiomatic, and regionally specific, making them unsuitable for the precision and clarity required in legal documents.

In legal writing, using colloquial language can undermine the professionalism and seriousness of the document. Legal documents are meant to be clear, unambiguous, and easily understood by the intended audience, including judges, clients, and other legal professionals. Using colloquial phrases can create confusion and misinterpretation and may appear unprofessional or disrespectful.

To illustrate, consider the following everyday expressions that could create issues if used in a legal context:

• “Got into”: Instead of “He got into a truck,” a more formal phrase would be “He entered the truck.”
• “Called out”: Rather than “The court called out the defendant’s behavior,” the drafter should use a precise term like “The court criticized the defendant’s behavior.”
• “Let off the hook”: Replace this with “The jury acquitted the defendant.”
• “Piece of cake”: Instead of saying a task is “a piece of cake,” state it as “The task is straightforward” or “easily accomplished.”

Legal writing demands a level of rigor and formality that ensures accuracy and compliance with legal standards. Thus, avoiding colloquial expressions in the legal context is crucial in maintaining legal documents’ appropriate tone and clarity. Understanding what constitutes colloquial language and recognizing its inappropriate use in legal contexts is the first step toward improving legal writing skills.

The Impact of Colloquial Language on Legal Documents

Including colloquial language in legal documents can have several detrimental effects, undermining the document’s effectiveness and professionalism. Here are some legal writing tips:

1. Lack of Clarity

Colloquial language often lacks the precision required for legal writing. Expressions that might seem clear in everyday conversation can be vague or ambiguous in legal contexts. For example, saying “He got busted” instead of “The police arrested him” is less precise and can be misinterpreted. Legal documents rely on precise terminology to ensure the intended meaning is unmistakable.

2. Professionalism and Credibility

Using informal language can diminish the perceived professionalism and credibility of a legal document. Judges, clients, and opposing counsel expect legal documents to be formal and adhere to legal writing conventions. Informal legal language can make a document appear unprofessional and can undermine the writer’s credibility.

3. Risk of Misinterpretation

Colloquial phrases in legal writing can vary significantly by region, culture, and context, leading to potential misunderstandings. The various parties often scrutinize legal documents, and using region-specific slang or idiomatic expressions can lead to misinterpretation. For instance, “kick the bucket” might be understood by some as “dying,” but it is inappropriate and unclear in a legal document. It is critical that the reader gain an understanding of each of the legal terms in what the reader reads.

4. Implications for Legal Outcomes

The stakes in legal writing are high, as the language used can influence legal outcomes. Ambiguous or poorly chosen words can lead to unfavorable interpretations in court rulings or contract disputes. Therefore, avoiding colloquial expressions is crucial for ensuring that legal documents are both effective and enforceable. The goal is to use plain language in law.  What is plain language?  Language simplifying legal language is often plain language or plain English. For instance, the drafter should not write “the first party did not state a legally binding offer.” Instead, the drafter could write, “the plaintiff did not state an actual offer.”

5. Difficulty in Translation

Drafters often need to translate legal documents into other languages, especially in international contexts. Colloquial phrases can pose significant challenges for translators, who must find equivalent expressions in the target language. Using formal, plain language simplifies the translation process and helps maintain the document’s integrity across different languages.

6. Time and Cost Efficiency

Editing and revising legal documents to remove colloquial phrases can be time-consuming and costly. Legal professionals must strive for excellence in their initial drafts to avoid the need for extensive revisions. By avoiding colloquial language from the outset, writers can enhance efficiency and reduce the time and resources spent on editing.

In sum, using colloquial language in legal documents can lead to many issues, including lack of clarity, diminished professionalism, risk of misinterpretation, negative legal outcomes, translation difficulties, and inefficiencies in the drafting process. Recognizing these impacts underscores the importance of using precise, formal language in legal writing.

Common Examples of Informal Legal Language

Informal legal language, often encompassing colloquial phrases, slang, and casual expressions, can detract from the formality and professionalism required in legal documentation. Recognizing and avoiding these informal usages or even conversational language in law is essential for effective legal writing. Below are common examples of informal legal language and their formal counterparts:

1. Slang Phrases

• “Got off scot-free” → “The jury acquitted the defendant”
• “Busted” → “Arrested”
• “Ratted out” → “Informed on” or “Testified against”

2. Idiomatic Expressions

• “Hit the nail on the head” → “Was accurate” or “Was precise”
• “Open-and-shut case” → “Clear-cut case” or “Case with a straightforward resolution”
• “Piece of cake” → “Simple” or “Straightforward”

3. Conversational Tone

• “You guys” → “You”
• “Drop the ball” → “Failed to act” or “Neglected”
• “Get a handle on” → “Understand” or “Grasp”

4. Casual Verbosity

• “Looked over the documents” → “Reviewed the documents”
• “Called out the defendant’s behavior” → “Criticized the defendant’s behavior”
• “Got into a truck” → “Entered the truck”

5. Redundant Phrasing

• “End result” → “Result”
• “Advance planning” → “Planning”
• “Past history” → “History”

By replacing informal language with precise, formal language alternatives, legal writers can enhance the clarity and professionalism of their documents. This practice ensures that all involved parties understand the content without ambiguity or misinterpretation, thereby maintaining the integrity of legal communications.

How to Avoid Colloquialisms in Legal Writing

Avoiding colloquialisms in legal writing is essential for ensuring clarity, professionalism, and accuracy. Here are some effective strategies to help legal writers maintain a formal tone and avoid informal language in their documents:

1. Understand Your Audience

Always consider who will be reading your document. Judges, clients, opposing counsel, and other legal professionals read legal documents. Understanding that your audience expects a certain level of formality and precision helps you avoid colloquialisms.

2. Use Legal Dictionaries and Thesauri

When unsure about a term or phrase, consult legal dictionaries or thesauri to find the most accurate and formal word. Resources such as Black’s Law Dictionary can be invaluable in identifying the correct legal terminology.

3. Obtain Peer Review and Professional Editing

Having colleagues, mentors, or professional editors review your work can help identify and replace informal language. External feedback is crucial for spotting colloquialisms that the original drafter may overlook.

4. Learn and Practice Legal Writing Techniques

Understanding the principles of clear and effective legal writing is fundamental. Legal writing courses, workshops, and seminars can provide practical tips and exercises to help writers hone their skills and eliminate colloquial language.

5. Adopt a Formal Tone from the Outset

Starting with a formal tone sets a precedent for the rest of the document. Be mindful of your language choices from the beginning to maintain consistency and formality. Note, though, the difference between using a formal tone and legalese. Legalese, or writing with legal jargon, is a hyper-formal type of writing, which is antiquated, making it difficult for the reader to understand readily. While some legal terminology is unavoidable, overusing jargon can make your formal writing difficult to understand.

Example of Legalese:

“The plaintiff, heretofore referred to as the party of the first part, hereby acknowledges receipt of the aforementioned correspondence.”

Revised for Clarity:

“The plaintiff acknowledges receipt of the letter.”

Legal writing is a form of formal English. This does not mean adopting a hyperformal tone and start using legalese.

6. Practice Plain Language

Using plain language means expressing complex legal concepts clearly and simply, without unnecessary jargon or colloquialisms. Plain language aims to make legal documents accessible and understandable to a broad audience. Plain English means straightforward communication, using only those words necessary, and language that is not obscure but instead easy to understand.  We address plain English as plain language here. For instance, instead of stating that the “first party will hereinafter make monthly contributions,” state, “the plaintiff will make monthly contributions in the amount of $500, on the first date of each month, starting on July 1, 2024, through June 30, 2025.”

7. Use Specific and Concrete Terms

Avoid vague and ambiguous expressions by using specific and concrete terms. For example, instead of saying “a lot of times,” specify the exact number or frequency to provide clear and precise information.

8. Avoid Redundancies and Verbosity

Redundant phrases and overly verbose language can make your writing less effective. Streamline sentences to convey your message concisely. For example, replace “end result” with “result” and “absolutely essential” with “essential.”

9. Regularly Review and Revise

Revision is a critical step in legal writing. Regularly review your drafts to catch any informal language before finalizing the document. Reading the text aloud can also help identify colloquialisms that may have slipped in.

10. Use Templates as an Initial Guide

Refer to professionally drafted legal templates as a guide. For instance, if your office has a brief bank–for motions, appellate briefs, memos, etc. These documents often adhere to formal writing standards and can serve as a benchmark for your own writing. Even with these office samples, read for colloquial language and do not use that language!  Just because this language is in an office brief bank does not mean it is a good language. Frequently, there is little review of the documents in an office brief bank, particularly to see if there is no antiquated or unhelpful language.

By implementing these strategies, legal writers can effectively avoid colloquialisms and maintain the formality and precision required in legal documents. This not only enhances the quality of the writing but also ensures that the document is professional, clear, and easily understood by all its readers.

Benefits of Using Plain Language in Legal Documents

Employing plain and formal language in legal documents yields numerous advantages, enhancing the clarity, accessibility, and overall effectiveness of legal writing. Here are the key benefits of using plain language:

1. Clarity and Precision

Plain language prioritizes straightforward and unambiguous wording, which leads to greater clarity and precision in legal documents. By eliminating dense, convoluted language, writers can ensure their message is clearly understood by the reader. For instance, using “terminate” instead of “bring to an end” avoids unnecessary verbosity.

2. Enhanced Accessibility and Comprehension

Individuals without legal training often read legal documents, including clients and laypersons involved in legal matters. Plain language makes these documents more accessible and easier to comprehend, ensuring that all readers can grasp the content. For example, “start” is more accessible than “commence.” This accessibility promotes transparency and builds trust with clients.

3. Increased Efficiency

Legal professionals, including judges and attorneys, are typically pressed for time. Busy readers can read and understand documents written in plain language more quickly, allowing for efficient decision-making and reducing the time spent deciphering complex legal jargon. Clear and concise language facilitates swift action and responses, such as using “agree” rather than “come to an agreement.”

4. Improved Client Relations

Using plain language helps bridge the communication gap between legal professionals and clients. Clients are more likely to feel informed and confident about their legal matters when documents are written in a clear and understandable manner. This fosters positive client relationships and reduces the likelihood of misunderstandings or misinterpretations.

5. Enhanced Persuasiveness

Clear and direct language can be more persuasive than verbose, jargon-laden writing. Judges and legal decision-makers are more likely to be swayed by arguments that are presented logically, concisely, and straightforwardly. Using plain language helps highlight key points and arguments effectively, increasing the document’s persuasive power.

6. Reduced Errors and Misinterpretations

Plain language minimizes the risk of errors and misinterpretations. Complex legal jargon and convoluted sentence structures can lead to mistakes and ambiguities, which may have significant legal consequences. By simplifying language, writers can reduce the possibility of misinterpretation, ensuring that the document conveys the intended meaning accurately.

7. Compliance with Plain Language Laws

In some jurisdictions, there are legal requirements mandating the use of plain language in certain documents, particularly consumer contracts and forms. Utilizing plain language in legal writing ensures compliance with these regulations, helping avoid potential legal complications. For example, the Plain Writing Act of 2010 in the United States mandates federal agencies to use clear communication that the public can understand and use.

8. Better International Communication

Often, non-native English speakers need to understand legal documents or have them translated into other languages. Plain language simplifies the translation process and improves comprehension for international audiences. This is crucial in an increasingly globalized legal environment where cross-border transactions and cases are common.

In summary, using plain language in legal documents not only enhances clarity and precision but also improves accessibility, efficiency, and client relations. It reduces the risk of errors and misinterpretations, increases persuasiveness, ensures compliance with legal standards, and fosters better international communication. By adopting plain language, legal professionals can create documents that are both effective and reader-friendly, ultimately leading to better legal outcomes.

Conclusion: Striking a Balance Between Clarity and Formality

Balancing clarity and formality in legal writing is essential for effective communication within the legal field. While it is crucial to maintain a formal tone, especially given the high stakes involved in legal matters, it is equally important to ensure that the language used is clear and understandable to all intended readers. The following strategies can help legal professionals strike this balance:

1. Adopt Plain Language Without Sacrificing Professionalism

Plain language is synonymous with clarity. Write legal documents in a straightforward manner that eliminates unnecessary complexity and jargon. This does not mean the writing should be informal or casual; instead, it emphasizes using precise, unequivocal terms while adhering to formal writing conventions.

2. Avoid Colloquialisms and Slang

As discussed, colloquial phrases in legal writing can compromise the professionalism of legal documents and lead to misinterpretations. Avoiding slang and informal expressions, opting instead for precise legal terminology and clear language. Drafters should choose phrases based on the ability of the specific phrase to convey meaning accurately and succinctly.

3. Focus on Audience Understanding

Always keep the intended audience in mind. Whether the document is for a judge, client, or opposing counsel, consider their level of legal expertise and tailor the language accordingly. The goal is to communicate clearly and effectively without over-simplifying or patronizing the reader.

4. Implement a Rigorous Review Process

Editing and proofreading are critical stages in the writing process. Colleagues or legal editors can provide valuable feedback, ensuring the text is clear and formal. Reading the document aloud can also help identify awkward phrasings or unclear sections that need revision. Edit more frequently than you have imagined–instead of simply reading over your draft, consider reviewing the initial draft multiple times to consider the quality of your grammar, organization, and use of IRAC/CRAC.

5. Continuous Learning and Adaptation

The legal field is dynamic, and standards for legal writing can evolve. Legal professionals should engage in ongoing education and stay updated with best practices in legal writing. Resources such as legal writing courses, workshops, and professional associations offer opportunities to refine writing skills and adapt to new standards.

In conclusion, achieving a balance between clarity and formality in legal writing enhances the effectiveness and professionalism of legal documents. By adopting plain language principles, avoiding colloquialisms, focusing on the audience, rigorously reviewing drafts, and committing to continuous learning, legal professionals can produce clear and formally appropriate documents and avoid any informal writing. This balance is key to successful legal communication and ultimately contributes to better outcomes in legal proceedings.

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