Composing legal English text poses challenges for all writers, especially
for non-native English speakers. Historically, legal English
was comprised of dif-
ficult to understand language replete
with jargon and what derisively has been called legalese.
The plain English
movement has attempted
to rectify this, but
changing the legal profession’s attitudes
and long-held habits about how to ef- fectively communicate in writing with our audiences has proven challenging. It is imperative that English legal text be written clearly, concisely, completely and correctly. These
objectives can be achieved by following a number of relatively
easy strategies. As with architects, composers and artists,
authors of legal texts
must
first conceive a well thought out and organized plan. They must, above all else,
consider the specific needs of their audiences. Authors should employ a simple and direct style that makes consuming
their work a pleasure not a chore.
This can be achieved through a number of mechanisms including using eve-
ryday language and preferring the familiar word to the obscure and complex;
by preferring the short word and short sentence to the long; by preferring the active voice to the passive; by avoiding foreign phrases to the extent possible; by preferring the single word to the circumlocution; by preferring positive
words over the negative;
by eliminating pronominal adverbs and other vestiges of le-
galese; and, by mastering the proper use of English articles. Plain talk should
prevail over stilted language. Both vigorous and diligent planning
and editing hold the keys to
drastically improving the quality of English legal writing.
Key words: legal English
writing, plain English,
writing clearly and concisely,
primacy and recency in legal English writing, editing legal English.