How to Avoid Legalese in Legal Writing

Legalese refers to the overly formal, complex and archaic legal writing style often used in old court opinions and documents. While some legal terms of art are unavoidable, legalese should be avoided as much as possible in modern legal writing. Here are some tips:

Use Plain English

• Prefer plain English words over Latin phrases or Old French terms. For example, use "before" instead of "prior to" and "about" instead of "regarding."

Favor Short, Simple Sentences

• Break up long sentences into shorter, bite-sized sentences for better comprehension. Remove excessive legal jargon.

Add Examples and Scenarios

• Provide concrete examples and hypothetical scenarios to explain complex legal concepts clearly.

Use Active Voice and Avoid Passive Voice

• Active voice is direct and engaging. Passive voice is vague and weakens writing. For instance, "The court overturned the verdict" (active) vs "The verdict was overturned by the court" (passive).

Eliminate Archaic Legal Phrases

• Avoid antiquated legal phrases like "aforementioned," "thereinafter," "hereunto," "know all men by these presents," etc.

Define Unavoidable Legal Terms

• If you must use a legal term of art, define it using plain English so readers understand it.

Format Text Readably

• Use headings, lists, tables and figures to break up dense text and draw attention to key points.

Cite Sources Accurately

• Instead of convoluted citations, use clean superscript numbers and a numbered reference list.

Review and Edit Strictly

• Editing ruthlessly is key to purging unnecessary legalese. Review drafts from the reader's perspective.

The hallmark of good legal writing is clarity and simplicity without compromising legal soundness. With practice, the principles of plain language can be adapted to any legal document.