Legalese Doesn't Impress Me

One of the common complaints about lawyers is that we seem to be able to talk and write forever without actually saying anything, or, without anyone understanding what we said.  "Legalese" is the term used to describe the gibberish that only lawyers seem to understand. I have a stock of those birthday cards that use the whole card (and about 500 words) to say "Happy Birthday" - I send them to my friends, who all get laugh.

Is Legalese necessary?  Not really.  Why do lawyers still use it?  Good question.  Here are a few reasons you might have to deal with legalese.

Laziness is one reason.  While you might think that it is more work to use ten times as many words, most lawyers create documents from precedents that they have acquired and developed over the years. It is easier to copy the same words than it is to translate them into clear, simple English.

Fear is another reason.  The terms that we use in Legalese have often been ?approved? and given defined meanings by the courts. If we use different, simpler language, we leave ourselves open to the argument that the words mean something else than what we intended.  Given that lawyers are in the business of protecting their clients from liability, this fear is understandable.

Self-preservation is another reason.  Some lawyers believe that if they start drafting documents in plain English, people will stop using lawyers and do it themselves.

In my view, plain English is better for me and better for my clients. 

If I draft a document for a client and they can?t understand any of it without my explanation, my neck is on the line if it turns out that the document doesn?t do what they wanted it to do.  On the other hand, if they can read it and understand it, there can be no risk that they relied on my interpretation.  Further, I will have to spend less time explaining it to my client.  The less time I spend for work that is billed at a flat rate, the more I make for the time I spend. 

Clients like documents that they can understand.  In my experience, clients are happier to pay for documents that they can understand. 

It is often more of a challenge to take a standard agreement and translate it into plain English.  In the long run, though, it will make the legal system more transparent and maybe even stop all those lawyer jokes about Legalese!

I think Legalese should be eliminated.  In other words: ?The Party of the First Part, being of sound mind and body, doth hereby and by these presents solemnly state and declare that Legalese, which includes, but is not limited to, terms, expressions, phrases, sentences and other constructions and combinations of the aforementioned, be deemed to be unnecessary, unfavourable, undesirable and no longer employed, utilised or otherwise form a part of agreements, contracts, writings or other documents where language is used to create, assert or otherwise define the rights of a party.?