LEGALESE & PLAIN ENGLISH

Legalese
According to the Merriam-Webster dictionary (http://www.merriamwebster.com/dictionary/legalese) legalese is the specialised language of the
legal profession, but it has taken on negative connotations and refers now
pejoratively to cryptic language used by members of the legal profession. BerkSeligson 1 (1990: 14-15) defines legalese as that register of English that is used
by lawyers and judges specifically for legal proceedings and is usually too
complicated for the lay person to comprehend.
Legalese is thus a term that refers to the kind of legal writing that is very
difficult for the layman to read and understand, the implication being that this
abstruseness
is
deliberate
for
excluding
the
legally
untrained
(http://en.wikipedia.org/wiki/Legal_writing). However, in many cases legalese
is unintentional and it derives simply from sheer habit or from the accumulation
of the typical features of legal texts. According to Crystal and Davy 2 (1969:194):
Legal writers, pushed into oddity by their attempts to be unambiguous, are
pulled as it were in the same direction by the knowledge that since their
productions are for the benefit of someone as familiar with the jargon as
themselves, they have no need to bother too much about the simpler needs of
a general public.

Legalese is characterized by long subordinate sentences, abundance of

modifying clauses, technical vocabulary and a high level of abstraction.

Plain English
Plain English is a generic term for communication in English that emphasizes
clarity, brevity, and the avoidance of technical language, particularly in
administrative or legal texts. It aims to write in a way which is clear,
straightforward and easily understood by the reader, trying to avoid archaic
structures
or
terms,
wordy
periphrasis
and
jargon
(http://en.wikipedia.org/wiki/Plain_English).
The Plain English Campaign (PEC, http://www.plainenglish.co.uk/) is a
commercial editing and training firm based in the United Kingdom. In 1990,
PEC created the Crystal Mark, which is a symbol printed on documents that it
considers to be as clear as possible for the intended audience. PEC has worked
for companies and organisations as well as UK council and government
departments. Many UK forms and bills carry the Crystal Mark, including the
British Passport application form.
1

Berk-Seligson, S. (1990), The Bilingual Courtroom. Chicago/London: University of Chicago

Press.
2
Crystal, D & D. Davy (1969), Investigating English Style. Indiana University Press.

Some of the typical recommendations for legal plain English are the following
(ver http://www.archives.gov/federal-register/write/legal-docs/):
- use the active voice rather than the passive voice;
- use simple, coordinated sentences rather than subordinate sentences
and avoid inversion;
- avoid euphemisms;
- do not use indefinite pronouns as a tool for reference;
- avoid jargon;
- do not use archaisms and Latin phrases or terms;
- avoid complex prepositional phrases, etc.
In the UK, for example, the Civil Procedure Rules 1998 did away with some
Latin or opaque terms, such as plaintiff (now claimant), pleadings (now
statement of claim), affidavit (now statement of truth); ex parte (now
without notice) or writ of summons (now claim form).
In Spain, the Council of Ministers set up on 30 December 2009 the
Committee for the Modernisation of Legal Language 3, which worked intensively
for two years until they published several open-access documents on the
simplification of legal Spanish. On 21 December 2011 a Framework Agreement
was signed to promote the clarity of legal Spanish.

Below you will find a summary of recommendations for plain English writing,
issued by the Office of the Federal Register of the National Archives, US.
Bear in mind that although these are the recommendations, in fact what you
will come across all too often in legal texts is the opposite of what you are about
to read.

http://www.mjusticia.gob.es/cs/Satellite/es/1288775399001/MuestraInformacion.html

PRINCIPLES OF CLEAR WRITING

National Archives US
Office of the Federal Register
http://www.archives.gov/federal-register/write/legal-docs/
1. Write in the active voice, which eliminates confusion by forcing you to name
the actor in a sentence.
2. Avoid ambiguity with modifiers:
Dont say: John saw Jane driving down the street.
Say: John, while driving down the street, saw Jane.
3. Avoid indefinite pronouns used as references if there is ambiguity. If a
pronoun could refer to more than one person or object in a sentence, repeat
the name of the individual or object:
Dont say: After the Administrator appoints an Assistant, he or she
shall supervise the ...
Say: After the Administrator appoints an Assistant, the Assistant shall
supervise the ...
4. Avoid grouping together two or more prepositional phrases, which make the
sentence ambiguous:
Dont say: Each subscriber to a newspaper in New York.
Say: Each newspaper subscriber who lives in New York.
5. Use must instead of shall:
shall

imposes an obligation to act, but may be confused with prediction of

future action

will

predicts future action

must

imposes obligation, indicates a necessity to act

should

infers obligation, but not absolute necessity

may

indicates discretion to act

may not

indicates a prohibition

To impose a legal obligation, use must; to predict future action, use will.
6. Be direct by using the imperative mood, thus avoiding the passive
Dont say: All copies must be signed.
Say: Sign all copies.

7. Use the present tense to refer to regulations in force:

Dont say: The fine for driving without a license shall be 200 euros.
Say: The fine for driving without a license is 200 euros.
8. Write positively rather than negatively:
Dont say: The Governor may not appoint persons other than those
qualified by the Personnel Management Agency.
Say: The Governor must appoint a person qualified by the Personnel
Management Agency.
Dont say: A demonstration project will not be approved unless all
application requirements are met.
Say: A demonstration project will be approved only if the applcant
meets all requirements.
9. Avoid split infinitives, which offend many readers:
Dont say: Be sure to promptly reply to the invitation.
Say: Be sure to reply promptly to the invitation / Be sure to reply to
the invitation promptly.
10. Use the singular noun rather than the plural noun: you will avoid the
problems of whether the rule applies separately to each member of a class or
jointly to the class as a whole:
Dont say: The guard will issue security badges to the employees who
work in Building D and Building E.
Say: The guard will issue a security badge to each employee who
works in Building D and each employee who works in Building E;
OR
The guard will issue a security badge to each employee who
works in both Building D and Building E.
11. Be consistent: dont use different words to denote the same thing. Using a
synonym rather than repeating the precise term just confuses the reader.
Dont say: Each motor vehicle owner must register his or her car with
the Automobile Division of the Metropolitan Police Department.
Say: Each automobile owner must register his or her car with the
Automobile Division of the Metropolitan Police Department.
12. Use parallel structures:

are:

Dont say:
The Duties of the Executive Secretary of the Administrative Committee
-

To take minutes of all the meetings;

The Executive Secretary answers all the correspondence; and

Writing of monthly reports.

are:

Say:
The Duties of the Executive Secretary of the Administrative Committee
-

To take minutes of all the meetings;

To answer all the correspondence; and

To write the monthly reports.

13. Use simple words. Government writing should be dignified, but not
pompous. Make writing simple and direct so that it can be understood:
DON'T SAY

SAY

construct, fabricate

make

initiate, commence

begin

terminate

end

utilize

use

substantial portion

large part

afforded an opportunity allow

14. Omit needless words. Dont use compound prepositions and other wordy
expressions when the same meaning can be conveyed with one or two words:
DON'T SAY

SAY

because of the fact that

since (because)

call your attention to the fact

that

remind you

for the period of

for

in many cases

often

in many instances

sometimes

in the nature of

like

the fact that he had not

succeeded

his failure

the question as to whether

whether

15. Avoid redundancies: dont use couplets (word pairs) where the meaning
of one includes the other. Try to avoid the following:
any and all
authorize and direct
cease and desist
each and every

full and complete

order and direct
means and includes
necessary and desirable
16. Avoid noun compounding (noun sandwiches)
Dont say: Underground mine worker safety protection procedures
development.
Say: Development of underground procedures for the protection of the
safety of mine workers.
17. Dont use gender-specific terminology; avoid the gender-specific job title:
DON'T SAY

SAY

Crewman

Crew member

Draftsman

Drafter

Enlisted men

Enlisted
personnel

Fireman

Firefighter

Foreman

Supervisor

Manhours

Hours worked

Manpower

Personnel,
workforce

18. Write short sentences. Readable sentences are simple, active, affirmative
and declarative. The Federal Register of the USA recommends an average of
about 15 words a sentence. Long, run-on sentences are a basic weakness in
legal documents. If several conditions or subordinate provisions must be met
before a rule applies, use a list. Make lists clear and logical in structure; when
listing, use the following rules:

Use parallel structures (see above).

List each item so that it makes a complete thought when read with the
introductory text.

If the introductory language for the list is a complete sentence -- end the introduction with a colon; and
- make each item in the list a separate sentence.

If the introductory language for the list is an incomplete sentence -- end the introduction with a dash;
- end each item in the list except the last item with a semicolon;

- after the semicolon in the next-to-last item in the list, write

"and" or "or" as appropriate; and
- end the last item in the list with a period.
19. Use short paragraphs. Each paragraph should deal with a single, unified
topic.

EXAMPLES OF LEGALESE VS. PLAIN ENGLISH

DONT SAY

SAY

give consideration to

consider

is applicable to

applies

make payment

pay

give recognition to

recognize

is concerned with

concerns

accorded

given

afforded

given

attain the age of

become years old

at the time

when

by means of

by

cease

stop

commence

begin, start

complete

finish

conceal

hide

contiguous to

next to

deem

consider

during such time as / during

the course of

while

effectuate / endeavour

carry out, try

enter into contract with

contract with

enumerate

count

equitable

fair

evince

show

expedite

hasten, speed up

expend

spend

expiration

end

feasible

possible

for the duration of

during

for the reason that

because

forthwith

immediately

hereafter

after this takes effect

heretofore

before this takes effect

implement

carry out

possess

have

preserve

keep

prior

earlier

prior to

before

proceed

go, go ahead

procure

obtain, get

purchase

buy

pursuant to

under

remainder

rest

require

need

retain

keep

specified

named

subsequent to

after

sufficient number of

enough

summon

send for, call

until such time as

until

utilize, employ

use

within or without the UK

inside or outside of the UK

indicate

show

inform

tell

in lieu of

instead of, in place of

in order to

to

inquire

ask

institute

begin, start

interrogate

question

in the event that

if

manner

way

modify

change

necessitate

require

obligate

bind, compel

obtain

get

on and after July 1

after June 30