Legal Writing in Plain English: Optimizing Clarity in Legal Documents
Legal writing often suffers from complexity, dense jargon, and convoluted sentence structures that can bewilder anyone not well-versed in law. Writing legal documents in plain English is not just beneficial; it is essential for ensuring that non-lawyers, clients, and even fellow lawyers can understand legal texts with ease. This article explores tips and resources for mastering legal writing in plain English, providing clear guidance to make your legal documents more accessible and comprehensible.
This article covers:
- Why Plain English Matters in Legal Writing
- Essential Principles for Writing Legal Documents in Plain English
- Top Tips for Simplifying Legal Language
- Resources and Courses for Improving Legal Writing Skills
- Common Pitfalls to Avoid in Legal Writing
- Conclusion: The Importance of Clear and Accessible Legal Documents
For years, legal writing has been synonymous with complex language and intricate phrasing. However, the trend is shifting towards a more transparent and straightforward style. By mastering legal writing in plain English, you not only improve your document’s readability but also enhance communication and legal comprehension for all parties involved.
Legal Writing in Plain English: Why is it Important?
Legal writing in plain English is essential for several reasons, primarily because it enhances clarity, accessibility, and efficiency. Traditional legal documents often contain complex jargon, convoluted sentences, and archaic terms that can be confusing to non-lawyers. By using plain English, legal professionals can significantly improve the comprehensibility and usability of legal documents for their clients, judges, and other legal professionals.
Firstly, clarity is critical in legal writing because it reduces the risk of misunderstandings and disputes. Clear language ensures that all parties involved fully understand their rights, obligations, and the terms being discussed. For instance, a plain English version of a contract or agreement can help avoid costly litigation arising from ambiguous clauses. Here is an example: the purchaser shall buy 5,000 AI computer chips by September 30, 2024, at $35,000/chip.
Secondly, accessibility is another vital aspect. Legal documents often serve as instruments that protect public rights and personal interests. When drafters write these documents in plain English, they become more accessible to everyone, including those without a legal background. This democratization of legal language empowers individuals by making critical information understandable and actionable.
Additionally, efficiency in legal practice can be achieved through plain English. Lawyers who draft clear and concise documents are likely to save time and resources during negotiation, review, and litigation processes. For instance, it is quicker for the reader to review and easier for that reviewer to understand a motion written in plain language, which can expedite court proceedings.
In summary, writing legal documents in plain English is not just a best practice; it is a necessity for modern legal professionals committed to clarity, accessibility, and efficiency. By prioritizing these principles, lawyers can ensure their work is comprehensible and effective, ultimately serving the interests of justice.
Essential Principles for Writing Legal Documents in Plain English
Writing legal documents in plain English requires adherence to several key principles that ensure clarity, conciseness, and comprehension. Here are some essential guidelines to follow:
1. Use Clear and Direct Language
Avoid legal jargon and archaic terms that can obscure meaning. Opt for clear, direct language that conveys your message straightforwardly. For example, instead of writing “heretofore,” use “until now.”
2. Short Sentences and Paragraphs
Keep your sentences and paragraphs short to enhance readability. Readers have difficulty in following long as well as complex sentences. Strive for sentences that express a single idea and limit paragraphs to no more than five sentences. Writers should summarize dense statutes. As long as they provide the citations, summaries are fine and preferred.
An Example of a Dense Statute
The following example of quoted material is too dense and does not make for easy reading.
- 18 U.S.C. § 2113(a) states:
“Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to belonging to, or in the care, custody, control, management, or possession obtain by extortion any property or money or any other thing of value of, any bank, credit union, or any savings and loan in part as a bank, credit association; or Whoever enters or attempts to enter any bank, credit union, or any savings and loan association, or any building used in whole or on, or as a savings and loan association, with intent to commit in such bank, credit union, or in such savings and loan association, or building, or part thereof, so used, any felony affecting such bank or such savings and loan association and in violation of any statute of the United States, or any larceny.”
An Example of the Statute’s Summary
Here is a simple and direct way to summarize the statute:
- 18 U.S.C. § 2113(a) defines bank robbery as an individual’s taking from another, by force or fear, at a bank, property, or money belonging to the bank.
The goal is to write in plain English so that the reader finds the language easy to understand.
3. Use Active Voice
Active voice makes your writing more dynamic and engaging. In the active voice, the subject performs the action. For instance, “The lawyer drafted the contract” is clearer and more direct than “The contract was drafted by the lawyer.”
4. Define Technical Terms and Abbreviations
Whenever you need to use a technical term or abbreviation, define it the first time you use it. This ensures that every reader, regardless of their familiarity with the subject, can understand the document. For example, the drafter should state the term and its abbreviation (e.g., Environmental Protection Agency (EPA)) initially, and then the writer should use the abbreviation after that.
5. Use Lists and Headings to Organize Information
Organize information using lists and headings to make the document easier to navigate. This is particularly useful in legal documents, where information can be dense and detailed. Bullet points, numbered lists, and descriptive headings help break down complex information into digestible parts.
6. Avoid Double Negatives
Double negatives can make sentences confusing and difficult to understand. Always frame statements positively where possible. For example, instead of saying “The contract is not invalid,” say “The contract is valid.”
7. Be Consistent
Consistency in terminology, structure, and format enhances clarity. Use the same terms to refer to key concepts throughout the document and follow a uniform structure for similar sections.
8. Review and Revise
Always review and revise your drafts. Plain language writing often requires multiple rounds of editing to eliminate unnecessary words, clarify ambiguous statements, and ensure the text flows smoothly. Consider seeking feedback from someone unfamiliar with the content to gauge its clarity and comprehensibility.
By applying these principles, you can write legal documents that are not only legally sound but also accessible and understandable to a broader audience. Incorporating plain English into legal writing is an important step toward more transparent and effective communication in the legal field.
Top Tips for Simplifying Legal Language
Simplifying legal language is an essential skill for all legal professionals. By making legal documents accessible and understandable, lawyers can better serve their clients, reduce the likelihood of misunderstandings, and enhance the efficiency of legal processes. Here are some top tips for simplifying legal language:
1. Use Plain Language Over Legalese
Legalese refers to the specialized, often convoluted jargon traditionally used in legal documents. Replace these terms with plain language equivalents. For example, instead of “hereinafter,” use “from now on,” and instead of “pursuant to,” use “under.”
2. Shorten Sentences
Long sentences can be confusing and difficult to follow. Aim to keep sentences short and to the point, ideally under 20 words. Break down complex ideas into multiple sentences to promote clarity.
3. Opt for Active Voice
Writing in the active voice creates more direct and engaging sentences compared to the passive voice. For instance, instead of writing “The contract was reviewed by the attorney,” write “The attorney reviewed the contract.”
4. Avoid Redundancies
Redundancies can clutter your writing and obscure the main message. Eliminate unnecessary words and phrases. For example, instead of saying “due and owing,” just say “owing.”
5. Use Consistent Terminology
Using the same terms consistently throughout the document helps to avoid confusion, e.g., Paul’s murder in a multiple murder case. Once you define a term, use it consistently rather than switching to synonyms.
6. Define Unfamiliar Terms
When it is necessary to use technical or specialized terms, be sure to define them in plain language. For example, “The term ‘ex parte’ means a legal proceeding brought by one person in the absence of another.”
7. Break Information into Lists
When detailing multiple items or steps, organize information into bulleted or numbered lists. This format enhances readability and helps readers quickly grasp the main points.
8. Eliminate Double Negatives
Double negatives can be confusing and lead to misunderstandings. Instead of writing “It is not uncommon,” write “It is common.”
9. Simplify Complex Phrases
Replace complex phrases with simpler ones. For example, instead of saying “in the event that,” use “if,” and instead of “prior to,” use “before.”
10. Review and Edit
Always review and edit your work to ensure clarity. Reading the document aloud can help identify awkward or confusing language. Additionally, consider getting feedback from someone unfamiliar with the content to ensure its comprehensibility.
By implementing these tips, you can significantly improve the clarity and effectiveness of your legal writing. Simplifying legal language is key to delivering clear, precise, and accessible legal documents that meet the needs of diverse audiences.
Resources and Courses for Improving Legal Writing Skills
Improving your legal writing skills is crucial for delivering clear and effective legal documents. Whether you are a new law student, an attorney beginning practice, or a seasoned lawyer looking to refine your writing, a variety of resources and courses are available to help you master legal writing in plain English.
Books on Legal Writing
- “Legal Writing in Plain English” by Bryan A. Garner – This comprehensive guide teaches lawyers how to write concisely and clearly. The author fills his book with practical tips, exercises, and examples to enhance your writing skills.
- “Plain English for Lawyers” by Richard C. Wydick – A classic in the field, this book focuses on transforming complex legal jargon into simple and understandable language. It is an excellent guide for both novice and experienced legal writers.
- “The Elements of Legal Style” by Bryan A. Garner – This book focuses on the finer points of style in legal writing, offering insights into persuasive writing.
Online Courses
- Legal Writing Launch – My course, available at LegalWritingLaunch.com, offers comprehensive training in legal writing. You can take the course at your own pace, and Legal Writing Launch includes options for live instructor feedback, making it an excellent choice for those wanting to improve their skills quickly.
- Core Grammar for Lawyers – This online platform provides a solid foundation in grammar tailored for legal professionals. It is ideal for new lawyers and law students who need to strengthen their grammatical skills.
Workshops and Seminars
- National Institute for Trial Advocacy (NITA) Workshops – NITA offers various in-person and online workshops that focus on legal writing and advocacy skills. These programs are designed to provide practical toolsn training, and feedback from experienced practitioners.
- American Bar Association (ABA) CLE Programs – The ABA provides continuing legal education (CLE) courses on legal writing and plain language techniques. These programs are great for staying updated on best practices in legal writing.
- National Association of Continuing Legal Education (NACLE) Programs – The NACLE offers programs with short lectures on legal writing. Review this author’s lecture there, Effective Legal Writing for the Attorney Practitioner.
Online Resources and Blogs
- PlainLanguage.gov – This website offers guidelines and resources for writing in plain language. It is an excellent starting point for anyone new to simplifying complex legal documents.
- The Bluebook Online – While primarily a citation guide, The Bluebook is essential for ensuring that your legal documents conform to standardized legal formatting and citation practices, which aids in clarity and professionalism.
These resources and courses provide valuable insights, tools, and training for mastering legal writing in plain English. Investing in your writing skills will pay off significantly, making your legal documents more accessible, effective, and professional.
Common Pitfalls to Avoid in the Legal Writing Process
Even seasoned legal professionals can fall into common traps that hinder clear and effective legal writing. Identifying and avoiding these pitfalls can help you produce more precise and comprehensible legal documents. Here are some common pitfalls to avoid:
1. Overusing Legal Jargon
Legal jargon and Latin phrases can obscure meaning and alienate readers who are unfamiliar with legal terminology. Limit the use of specialized terms and focus on plain English equivalents whenever possible. For instance, replace “inter alia” with “among others” and “per annum” with “per year.”
2. Writing Long, Complex Sentences
Long, convoluted sentences are difficult to read and understand. Aim to keep your sentences short and straightforward. Break down complex thoughts into multiple, simpler sentences to enhance readability.
3. Use of Passive Voice
Passive voice can make sentences cumbersome and unclear. Active voice is more direct and engaging. For example, instead of saying “The contract was breached by the defendant,” say “The defendant breached the contract.”
4. Lack of Consistency
Inconsistent terminology, formatting, and punctuation can confuse the reader. Ensure that terms are used consistently throughout the document and follow a uniform style guide for formatting and punctuation.
5. Overloading Sentences with Clauses
Piling multiple clauses into a single sentence can make it confusing. Avoid excessive use of subordinate clauses and keep sentences as clear and straightforward as possible.
6. Redundancy
Redundant words and phrases clutter your writing and decrease its impact. Remove unnecessary words that do not add value. For instance, instead of “true facts,” just use “facts.”
7. Lack of Structure
Poorly structured documents can be difficult to follow. Use headings, subheadings, and numbered lists to organize information clearly. This helps guide the reader through the document systematically.
8. Neglecting Reader’s Perspective
Always consider the perspective of the reader, who may not have a legal background. Avoid assuming that the reader understands complex legal concepts and provide necessary explanations.
9. Failing to Define Terms
Not defining technical terms or abbreviations can lead to misunderstandings. Always define terms when you first introduce them.
10. Ignoring the Importance of Revising and Proofreading
Basic errors–like in spelling, grammar, and punctuation–can undermine a drafter’s believability. Always take the time to revise and proofread your documents thoroughly. Consider having another person review your work to catch mistakes you might have missed.
By avoiding these common pitfalls, you can enhance the clarity, readability, and effectiveness of your legal writing. Striving for simplicity and precision will ensure that your documents communicate their intended message clearly and are easier for all readers to understand.
Conclusion: The Importance of Clear and Accessible Legal Documents
This author cannot overstate the significance of drafting clear and accessible legal documents. Legal writing in plain English is not merely a stylistic choice but a critical component of effective legal practice. Clarity in legal writing ensures that all parties involved—clients, judges, other attorneys, and even laypeople—can fully understand their rights, obligations, and the legal processes in which they are participating.
First, clear legal writing minimizes misunderstandings and disputes. When legal documents are straightforward and unambiguous, they reduce the potential for differing interpretations and the resultant conflicts that may arise. This clarity helps avoid costly litigation and fosters smoother legal transactions.
Second, accessibility is a cornerstone of justice. Legal documents, written in plain English, democratize the legal process by making it understandable to everyone, regardless of their legal background. This inclusivity empowers individuals, enabling them to make informed decisions about their legal affairs.
Moreover, legal writing in plain English enhances efficiency within the legal system. Clear and concise documents are quicker to review and process, saving valuable time for courts, legal practitioners, and clients alike. This efficiency not only benefits individual cases but also contributes to the overall effectiveness of the legal system.
In addition, adopting plain English in legal writing fosters greater trust and satisfaction among clients. When clients can easily comprehend their legal documents, they are more likely to feel secure and confident in their legal representation, ultimately strengthening the attorney-client relationship.
By focusing on plain language, lawyers can also improve their writing skills. Mastering the art of plain English requires thoughtful consideration of word choice, sentence structure, and overall document organization. These skills are transferable and beneficial across all forms of legal writing, enhancing the lawyer’s overall professional competency.
In essence, the move towards plain English in legal writing is a move towards greater access to justice, increased efficiency, and enhanced client satisfaction. It is an essential practice that modern legal professionals must embrace. Resources, guides, and courses on plain English legal writing are invaluable tools that can aid in this transition, empowering legal writers to produce documents that are not only legally sound but also clear, concise, and accessible.
For further guidance and to hone your skills in this essential area, consider exploring the numerous resources and courses available, including our course, Legal Writing Launch. Whether you are a law student, a new lawyer, an experienced legal professional or a legal scholar, committing to conducting clear and accessible legal writing is a step towards better legal practice and improved justice for all.
