Plain Language in Legal Writing (10 Best Practices)

Legal writing often gets a bad rap for being dense and convoluted. But it doesn't have to be that way! By adopting plain language principles, legal professionals can make their writing clearer, more concise, and more accessible to a wider audience. This article explores the importance of plain language in legal writing and provides practical tips for transforming "legalese" into clear, understandable prose.  

Why is Plain Language Important in Legal Writing?

Plain language ensures that legal documents, such as contracts, agreements, and court filings, are easily understood by everyone involved, including lawyers, judges, and most importantly, clients. When legal writing is clear and concise, it reduces the risk of misinterpretations, disputes, and costly litigation. It also promotes transparency and trust between legal professionals and their clients.  

10 Best Practices for Writing in Plain Language

Here are 10 best practices to transform your legal writing from legalese to clarity:

1. Know Your Audience: Before you write a single word, consider who will be reading your document. Are you writing for judges, clients, or other lawyers? Tailor your language and complexity accordingly.

2. Use Active Voice: Active voice makes your writing more direct and easier to understand. Instead of "The contract was breached by the defendant," write "The defendant breached the contract."  

3. Choose Simple Words: Avoid unnecessary jargon and complex vocabulary. Use everyday language whenever possible. For example, use "begin" instead of "commence," "use" instead of "utilize," and "try" instead of "endeavor."  

4. Keep Sentences Short: Long, complex sentences can be difficult to follow. Aim for an average sentence length of 20 words or less. Break down long sentences into shorter, more manageable ones.  

5. Use Headings and Subheadings: These organizational tools help readers navigate your document and quickly find the information they need.  

6. Avoid Nominalizations: Nominalizations turn verbs into nouns, making your writing more abstract. Instead of "make a decision," write "decide." Instead of "conduct an investigation," write "investigate."  

7. Use Examples and Illustrations: Concrete examples and illustrations can help clarify complex legal concepts and make them more relatable to your audience.

8. Proofread Carefully: Typos and grammatical errors can undermine your credibility and make your writing harder to understand. Always proofread your work carefully before sending it out.  

9. Get Feedback: Ask a colleague or friend to read your work and provide feedback on its clarity and readability.

10. Embrace Plain Language Resources: Many resources are available to help you improve your legal writing. Check out websites like plainlanguage.gov and books on legal writing style.  

By following these best practices, you can make your legal writing clearer, more concise, and more accessible to everyone.

How Can I Make My Legal Writing Clearer?

To further enhance the clarity of your legal writing, consider these additional strategies:

• Define Key Terms: If you must use legal terms or jargon, define them clearly the first time they appear in the document.

• Use Visual Aids: Charts, graphs, and diagrams can help illustrate complex information and make it easier to understand.  

• Organize Information Logically: Use a clear and consistent structure to present your information. Consider using chronological order, order of importance, or another logical approach.

• Write in Short Paragraphs: Break down long blocks of text into shorter paragraphs to improve readability.

• Use Bullet Points and Numbered Lists: These formatting tools can help highlight key points and make information easier to scan.

What are the Benefits of Using Plain Language in Legal Writing?

Adopting plain language in legal writing offers numerous benefits:

• Improved Comprehension: Plain language ensures that readers can easily understand the content of legal documents.  

• Reduced Ambiguity: Clear and concise language minimizes the risk of misinterpretations and disputes.  

• Increased Efficiency: Plain language documents are quicker to read and process, saving time for both legal professionals and clients.  

• Enhanced Credibility: Clear and accessible writing builds trust and confidence in legal professionals.  

• Better Client Relationships: Plain language communication fosters stronger relationships between lawyers and their clients.  

• Greater Access to Justice: Plain language makes legal information more accessible to everyone, including those with limited literacy skills or who speak English as a second language.  

What are Some Common Mistakes to Avoid in Legal Writing?

To write effectively in plain language, avoid these common pitfalls:

• Overusing Legal Jargon: While some legal terms may be necessary, avoid using jargon excessively.  

• Writing in the Passive Voice: The passive voice can make your writing sound convoluted and indirect.  

• Using Complex Sentence Structures: Long, convoluted sentences can be difficult to follow.

• Failing to Proofread: Typos and grammatical errors can undermine your credibility.  

• Ignoring Your Audience: Tailor your writing to the specific needs and understanding of your readers.  

Additional Resources:

• Plainlanguage.gov

• Legal Writing Pro

• The Center for Plain Language