Legal Terms in plain English

Introduction

The general public does not always understand the language taught in law schools and used among lawyers. Some of them try to explain legal terms and concepts in a simple nonlegal language. Using plain English may help non-lawyers understand legal words and phrases, and a tool for lawyers when explaining the legal phrases they
use.

Fred Rodell, a professor of law at Yale University, argued in 1936 that there ‘are two things wrong with almost all legal writing. One is its style. The other is its content. That, I think, about covers the ground.’

Developments

In the United States, most of the States have passed laws that require contracts to be written in plain English.
In the United Kingdom, the Plain English Campaign has been campaigning since 1979 to make sure the public information is as clear as possible, helping UK government departments and other official organisations with their documents, reports and publications. The Campaign produces the ‘A to Z of legal terms in plain English’. See it here: A to Z of legal phrases (PDF).

Plain English Definition and Use

The (Ireland) National Adult Literacy Agency (NALA) stated that “Plain English is a way of presenting information that helps someone understand it the first time they read or hear it….Plain English is not a one-size-fits-all approach to presenting information or, indeed, an alternative format for only some people. It is about communicating directly to the intended reader or listener in language they understand, whether they are specialists, colleagues or members of the public.”

An user write in plain English when:

• use clear, concise and accurate language,
• order your points logically, including only necessary detail, and
• use clean design to make your writing more attractive and easier to follow.

A Plain English Guide to Legal Terms

The National Adult Literacy Agency produced this guide, with the help of Patrick O’Connor, B.C.L., LL.B., Solicitor of Swinford (Ireland) who edited the legal content of the guide. He was President of the Law Society of Ireland in 1999.

List of Legal Terms and Phrases to Avoid

According to NALA, the following are some legal words to avoid:

Instead of:

aforementioned
annul
assign
benefactor
beneficiary
breach
consent
convey
counterfeit
duress
emolument
execute
force majeure
forfeit
heretofore
indemnity
jurisdiction
legal representative
litigation
merchantable
misrepresentation
negligence
non-negotiable
non-transferable
onus
plaintiff
proviso
rescind
statutory rights
subject to
summons
testify
title
undertaking
void
waive

Consider the use of:

already mentioned
cancel
transfer, give
person giving money (or other support)
person who benefits
break, disobey
agree
transfer, give
forged
pressure
salary, fee
carry out
uncontrollable event
lose
before now
promise not to sue, compensation
power
solicitor, barrister
suing
suitable for sale
lying
carelessness
cannot be changed, cannot be sold
cannot be given away
duty
person bringing a case to court
condition
cancel
legal rights
depending on
order to attend court
give evidence
ownership, right to own
promise
not valid
give up a right or benefit