Legal writing can often appear complex, verbose, and obscure to those unfamiliar with its structure. Yet, for legal professionals, law students, or anyone drafting formal legal documents, understanding how to write in legalese is an essential skill. Legalese is the traditional language of legal documents, contracts, and legislation. It combines formal vocabulary, precise expressions, and specific syntactical choices to communicate legally binding terms in a standardized manner. Learning how to write in legalese can give your writing the necessary precision, authority, and professional tone required for legal contexts.
Understanding Legalese: More Than Just Fancy Words
Legalese is not simply about using long or complicated words; it is about accuracy and clarity within a legal framework. The goal is to avoid ambiguity and ensure that a document holds up under legal scrutiny. However, that precision often results in sentences that seem wordy or archaic to the average reader. Before diving into techniques, it’s important to understand why legalese is used and what it seeks to accomplish.
Characteristics of Legalese
- Formal tone and vocabulary
- Use of passive voice
- Frequent use of conditionals and modal verbs like shall, may, and must
- Redundant pairings (e.g., null and void)
- Use of Latin terms such as inter alia, ipso facto, and per se
Why Write in Legalese?
Despite the modern movement toward plain language in law, legalese is still widely used. Its continued relevance lies in its:
- Precision Specific wording ensures legal obligations are clearly defined.
- Tradition Legal documents follow formats and language that have stood the test of time.
- Universality Lawyers across jurisdictions understand these formal conventions.
How to Write in Legalese
Writing in legalese requires careful attention to diction, structure, and consistency. Here’s a guide to developing your legal writing skills:
1. Use Legal Terms of Art
Legalese often relies on terms that have specific legal meanings. These words may appear ordinary but carry technical definitions in legal contexts.
- Consideration More than just thought; in legalese, it refers to something of value exchanged between parties in a contract.
- Indemnify To compensate for harm or loss.
- Hereinafter Meaning from this point forward in the document.
2. Employ Archaic and Formal Constructions
Words such as whereas, heretofore, and therein are often used in legalese to provide specificity.
- The party of the first part, hereinafter referred to as the Seller’
- The provisions herein shall be binding upon the successors and assigns.
3. Prefer Passive Voice When Appropriate
In legal writing, passive voice is often used to shift focus from the actor to the action or outcome. For example:
- Active: The lessee shall pay rent each month.
- Passive: Rent shall be paid by the lessee each month.
While not always preferable in everyday writing, passive voice in legalese can help center the responsibility or obligation itself.
4. Utilize Redundant Word Pairs
Legal documents frequently use pairs of near-synonyms for emphasis and tradition. Common examples include:
- Null and void
- Cease and desist
- Terms and conditions
5. Be Consistent with Defined Terms
If you define a party or concept at the start of a document, such as Purchaser or Effective Date, use that exact term consistently throughout the document. This enhances clarity and enforces the defined scope of meaning.
6. Apply Latin Legal Phrases
Latin remains integral to legal writing. While modern lawyers may limit its use, certain phrases are still vital:
- Ex parte A proceeding brought by one party in the absence of another.
- Mens rea The mental state of intent to commit a crime.
- Bona fide In good faith.
7. Use Modal Verbs to Express Obligation or Permission
Words like shall, may, and must carry weight in legal writing:
- Shall Indicates a mandatory duty.
- May Indicates discretion or permission.
- Must Sometimes used in modern plain English alternatives to shall.
8. Structure Sentences Carefully
Legal sentences may be longer than average, but they should still follow a clear logical structure. Begin with the subject or defined party, state the obligation, and include any conditions or limitations.
Example: If the Purchaser fails to remit payment within ten (10) days of the Invoice Date, the Seller shall have the right to terminate this Agreement without further notice.
Balancing Legalese and Readability
While learning to write in legalese is valuable, be mindful not to overdo it. An overly complex contract may confuse even the parties it is intended to protect. Many jurisdictions and legal professionals now prefer a balance between traditional legal language and modern plain English. Clarity should never be sacrificed for the sake of sounding formal.
Tips for Maintaining Clarity in Legalese
- Break down long paragraphs into numbered or bulleted sections.
- Avoid unnecessary repetition or archaic terms when simpler ones suffice.
- Provide definitions for technical or unique terms early in the document.
Mastering how to write in legalese involves more than copying phrases from other legal documents. It requires understanding the function and structure of legal language, selecting precise terms, and crafting sentences that clearly express obligations, rights, and conditions. With practice and attention to legal conventions, you can begin to draft documents that sound professional, authoritative, and appropriate for the legal field. Whether you’re creating contracts, memos, or legal notices, using legalese effectively can significantly enhance the credibility and enforceability of your writing.