Benefits of plain legal language

Benefits of plain legal language

It is possible to express legal concepts in plain language, without loss of certainty and precision, even in complex areas of law. This can be shown by the fact that plain-language legal documents are not more prone to litigation than traditional ones. Indeed, the reverse seems to be the case.

The plain-language movement in legal writing has many benefits for both writers and readers:

  • Financial. Plain-language documents can save money by reducing staff time (eg fewer client questions and mistakes in forms, as well as lower page count in many cases).
  • Legal. Plain-language documents can reduce litigation risk by lowering the risk that a counterparty will claim that they did not understand their obligations under a legal document; the courts have ruled in the past that unclear documents are not valid. Additionally, the effort of putting words into plain language often reveals mistaken assumptions and faulty logic that ‘legalese’ might hide.
  • Ethical and access to justice. Plain-language documents help more people, including non-native English speakers and people with limited literacy, to understand their rights and responsibilities under the law, as well as the advice of their legal representation.
  • Reputational and client relationship. Clients appreciate plain-language documents, because clear language makes them more confident in their position and demonstrates that their legal counsel is taking their needs into consideration.

I don’t think it is difficult to justify the need for plain language law. Surely no-one can argue that the laws that bind us ought to be obscure. Surely no-one can argue that the Acts of Parliament that regulate us ought to be incomprehensible. Surely no-one can argue that the documents we sign – like contracts, agreement, wills, and the like – ought to be impossible to understand.

To put it more positively, it surely must be better if the documents we sign are understandable. It must be better if, in a democracy, we could understand the laws that parliament passes.

Peter Butt, Faculty of Law, University of Sydney, Speaking plainly: plain language law for non-lawyers

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