Using plain english to deal with legal english’s problems

MINISTRY OF EDUCATION & TRAINING
HO CHI MINH CITY UNIVERSITY OF LAW

GRADUATION THESIS
B.A. DEGREE IN ENGLISH
Major: Legal English

USING PLAIN ENGLISH TO DEAL WITH LEGAL
ENGLISH’S PROBLEMS

Supervisor: PHAN LE CHI, MA
Student: TRAN TUAN KHANH
Student ID: 1952202010022
Class: LE44A

Ho Chi Minh City, 2023


ACKNOWLEDGEMENT
My thesis, entitled “Using Plain English To Deal With Legal English’s Problems” is the
result of four months of dedicated research and hard work. I would like to express my gratitude to my
instructors, teachers, friends, and family for their invaluable support in enabling me to accomplish my
thesis. As I approach the end of my four-year educational program at the Ho Chi Minh City University
of Law, I contemplate the valuable knowledge and skills that I have gained during my tenure here.
I wish to extend my heartfelt appreciation to Mrs. Phan Le Chi for her steadfast commitment
and invaluable mentorship during the research and implementation stages. I am sincerely grateful for
her support, which has been crucial to the success of this project. I wish to convey my heartfelt
appreciation to you once again and offer my best wishes for your continued good health.
I would like to express my gratitude to my class advisor, Mr. Luong Minh Hieu, for his
dedicated guidance throughout the past four years. I also would like to express my gratitude to Mr.
Nham Thanh Lap, a former professor at the school, who inspired me in the first place. I also thank the

other lecturers who have consistently provided their support and advice. I wish to extend my heartfelt
appreciation to the esteemed faculty members and lecturers for their diligent guidance throughout the
course. Your dedication to sharing valuable knowledge and fostering a positive learning environment
is truly admirable. I appreciate your patience and commitment in guiding our academic progress.
I would like to express my sincere gratitude to my colleague, Le Pham Tuyet Ngan, for their
consistent support and encouragement during this project. Ngan consistently provided emotional and
intellectual guidance, which was immensely valuable, even while being engrossed in her own pursuits.
I have been consistently supported by her valuable insights, constructive feedback, and motivational
words. Having a reliable and supportive person who believed in my work has significantly impacted
my journey. I appreciate the friendship and positive influence she has had on my academic endeavors.
Dear Tuyet Ngan, I sincerely appreciate your outstanding support and feel grateful to have you as my
companion.
I would like to express my sincere gratitude to my family for their unwavering companionship,
encouragement, and support throughout this journey.
I am grateful for the valuable assistance, lessons, experiences, support, and trust provided by
all parties involved. I would like to extend my heartfelt appreciation for your efforts.
Sincerely thanks.


TABLE OF CONTENT
CHAPTER 1: INTRODUCTION .......................................................................................... 1
1.1. Background of the study. ................................................................................................... 1
1.2. Statement of the problems. ................................................................................................. 2
1.3. Research subject. ................................................................................................................ 3
1.4. Research questions. ............................................................................................................ 3
1.5. Research methodology. ...................................................................................................... 4
1.6. Thesis structure. ................................................................................................................. 4
CHAPTER 2: PLAIN ENGLISH AND LEGAL ENGLISH: BRIEF HISTORY ............ 5
2.1. Plain English: Concept and History. .................................................................................. 5
2.1.1. Concept.................................................................................................................... 5

2.1.2. History ..................................................................................................................... 6
2.2. Legal English: Concept and History. ................................................................................. 7
2.2.1. Concept.................................................................................................................... 7
2.2.2. History ..................................................................................................................... 9
2.3. The differences between Legal English and Plain English. ............................................. 11
CHAPTER 3: LEGAL ENGLISH’S PROBLEMS ............................................................ 13
3.1. Vocabulary and Terminology........................................................................................... 13
3.2. Sentence Structure and Syntax ......................................................................................... 15
3.3. Jargon and Technical Language ....................................................................................... 16
3.4. Verbose and Redundant Writing ...................................................................................... 17
3.5. Impenetrable Legal Documents ....................................................................................... 18
3.6. Exclusionary Nature of Legal Language .......................................................................... 19
CHAPTER 4: METHODOLOGY OF APPLICATION ................................................... 22
4.1. Vocabulary and Terminology........................................................................................... 22
4.2. Sentence Structure and Syntax ......................................................................................... 23
4.3. Jargon and Technical Language ....................................................................................... 26
4.4. Verbose and Redundant Writing ...................................................................................... 28
4.5. Impenetrable Legal Documents ....................................................................................... 31


4.6. Exclusionary Nature of Legal Language .......................................................................... 32
CHAPTER 5: SYNTHESIS OF LITERATURE AND EXPERT OPINIONS ................ 35
5.1. Review of relevant studies and research on the use of Plain English in legal communication
................................................................................................................................................. 35
5.2. Analysis of case studies and examples showcasing the benefits of Plain English adoption
................................................................................................................................................. 37
5.3. Examination of expert opinions and perspectives on the role of Plain English in legal
language reform ....................................................................................................................... 40
5.4. Limitations and gaps in the existing literature on Plain English in the legal field ........... 41
CONCLUSION ...................................................................................................................... 44

CONTENT
CHAPTER 1: INTRODUCTION
1.1. Background of the study.
The intricate and specialized language of Legal English can present significant
obstacles for individuals not trained in the field. Legal documents are frequently written
formally and technically, incorporating jargon that may prove indecipherable to the
average person. Employing Legal English can result in confusion and misunderstanding
during legal proceedings, leading to costly errors and unfavorable legal outcomes.
Moreover, Legal English is a language without standardization and can vary
considerably by jurisdiction. This variation in terminology and phrasing further
compounds the difficulties for non-legal professionals attempting to navigate legal
documents and communications, exacerbating the challenges to accessibility.
Given the potential impact of legal language on legal outcomes and accessibility,
it is imperative to undertake a comprehensive study comparing the use of Legal English
and Plain English in legal documents and communications. This investigation would
offer legal professionals and non-legal professionals alike a better understanding of the
implications of language for legal outcomes and accessibility.
The study could delve into the comprehension and effectiveness of legal
documents and communications written in both Legal English and Plain English by legal
professionals and non-legal professionals. Additionally, it could assess the temporal and
resource allocation costs of producing documents in both styles. The findings of the
study could hold significant implications for legal professionals, as well as individuals
and organizations navigating the legal system.
The use of Plain English has the potential to enhance the accessibility and
comprehensibility of legal documents and communications, potentially reducing
confusion, errors, and disputes. Nevertheless, Legal English may be indispensable for
precision, accuracy, and compliance with legal standards and precedents. Hence, the
study would have the potential to generate critical insights into the advantages and

limitations of each style, ultimately informing best practices for legal communication.

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In conclusion, a study comparing Legal English and Plain English can yield
valuable insights into the impact of language on legal outcomes and accessibility. The
findings of such a study could inform best practices for legal communication, improving
access to justice for all individuals and organizations.
1.2. Statement of the problems.
The objectives of a study about Using Plain English To Deal With Legal
English's Problems could include the following:
1. To identify the specific problems with Legal English that make it difficult to
understand for non-legal professionals.
2. To assess the effectiveness of using Plain English to address the identified
problems with Legal English.
3. To evaluate the comprehension of legal documents and communications
written in Plain English compared to Legal English by legal professionals and
non-legal professionals.
4. To investigate the impact of using Plain English on legal outcomes, such as
reducing errors, disputes, and confusion.
5. To develop guidelines and best practices for using Plain English in legal
documents and communications that address the identified problems with
Legal English.
6. To assess the feasibility and cost-effectiveness of using Plain English in legal
documents and communications, including any potential challenges or barriers
to implementation.
7. To investigate the potential impact of using Plain English on access to justice
and the legal system for individuals and communities who may struggle with
legal language.

Overall, the objectives of a study about using Plain English to deal with Legal
English's problems would aim to provide valuable insights into the benefits and
drawbacks of using Plain English in legal documents and communications, and inform
best practices for legal professionals to improve accessibility and understanding for nonlegal professionals.

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1.3. Research subject.
The subjects of a study comparing Legal English and Plain English in legal
documents and communications could include legal professionals and non-legal
professionals.
Legal professionals could include lawyers, judges, legal assistants, law students,
and other legal practitioners who are familiar with Legal English and use it regularly in
their work.
Non-legal professionals could include individuals who do not have a legal
background, such as members of the public who are not lawyers, law students, or legal
professionals. This could include individuals who are involved in legal processes or
transactions, such as plaintiffs, defendants, witnesses, or jurors.
Additionally, there is a particularly unique group, namely students studying
Legal English at the Ho Chi Minh City University of Law. This group includes
individuals who are familiar with Legal English but also use everyday English at a
proficient level.
1.4. Research questions.
In this study, the approach taken is quite complex, given the various languages
associated with it that require investigation within a limited field. Therefore, the author
of this thesis narrowed down the area of research from Legalese and Plain Language to
Legal English and Plain English. This research aims to support the idea of encouraging
learners of Legal Language to use Plain English more frequently, while not completely
replacing Legal English with it. Indeed, the use of Legal English can be challenging for

those who are not trained in the field, given its complex and technical language, which
can be confusing for the average person. Furthermore, Legal English can vary by
jurisdiction, and there may be differences in terminology and phrasing that can cause
confusion or misinterpretation. The research questions include:
1. How is Legal English different from Plain English in terms of concept and
usage?
2. How to use Plain Language to solve Legal English’s Problems?

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1.5. Research methodology.
This research article focuses on the 2 types of languages that are familiar to
students majoring in Legal Languages Faculty at Ho Chi Minh University of Law is
Legalese and Plain Language. This article aims to to describe the relationship the
between the aforementioned languages based on the features that they have in common
such as definition, history… and from that to cope with unsolved problems of Legalese.
The research methodology used in this article is library research method. Library
research is a method of research that involves the use of existing resources such as
books, articles, and other materials to collect information on a specific topic. It is a form
of secondary research that does not involve primary data collection, and it is often used
in theoratical or scientific research. The steps of conducting the research can be
summarized as follows.
1.6. Thesis structure.
Plain English and Legal English: Concepts and Brief History
Legal English’s Problems
Methodology of Application
Synthesis of Literature and Expert Opinions
Conclusion
Bibliography

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CHAPTER 2: PLAIN ENGLISH AND LEGAL ENGLISH: BRIEF HISTORY
2.1. Plain English: Concept and History.
2.1.1. Concept
The notion and definition of Plain English has evolved over time and has been a
subject of discussion and advocacy in various fields, including law, business,
government, and communication. Plain English refers to a writing style that aims to
make information clear, concise, and easily understandable to the intended audience. It
is a communication approach that prioritizes simplicity, clarity, and effectiveness, and
seeks to eliminate jargon, unnecessary complexity, and ambiguity in written or spoken
language.
Ernest Gowers, in his influential book “The Complete Plain Words”, published
in 1954, emphasized the importance of using plain language in government and public
communication. Gowers argued that complex and bureaucratic language often used in
official documents, forms, and letters can create confusion and hinder effective
communication with the public. He advocated for the use of plain words and simple
expressions that are easily understood by the general public, without compromising
accuracy or legal precision.
Richard C. Wydick, in his book “Plain English for Lawyers”, published in 1978,
focused specifically on the use of plain language in legal writing. Wydick argued that
the traditional legal writing style, often characterized by archaic language, lengthy
sentences, and technical jargon, can create barriers to understanding for clients, judges,
and other stakeholders in the legal profession. He emphasized the importance of using
Plain English in legal documents, such as contracts, pleadings, and legal opinions, to
ensure clarity, precision, and accessibility in legal communication.
Martin Cutts, in his “Quick Reference Plain English Guide”, published in 1995,
provides practical guidance on using Plain English in various professional contexts,

including legal writing. Cutts emphasizes the need to consider the needs and
expectations of the target audience when using language in professional communication.
He provides tips and techniques for simplifying complex information, avoiding jargon
and unnecessary technical terms, and organizing content in a clear and coherent manner.

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In general, the notion and definition of Plain English involve using language that
is clear, concise, and easily understood by the intended audience. It focuses on
eliminating unnecessary complexity, jargon, and ambiguity in written or spoken
communication, while maintaining accuracy and legal precision. The concept of Plain
English recognizes the importance of effective communication in various professional
contexts, including law, and emphasizes the need to consider the needs and expectations
of the audience when communicating complex information.
2.1.2. History
The captivating story of the English language spans many centuries and involves
a multitude of influences and developments. It originated as a Germanic language
spoken by tribes in what is now modern-day England, and has evolved into a global
language with countless dialects and variations. This section provides a concise
overview of the history of the English language, drawing on authoritative sources and
linguistic research.
Old English (450-1100 AD). The earliest stage of English, known as Old English
or Anglo-Saxon, was spoken by the Germanic tribes that settled in England during the
migration period. Old English was a highly inflected language with complex grammar
and a vocabulary influenced by Germanic languages, Latin, and Old Norse. Beowulf,
an epic poem, is the most well-known work written in Old English and reflects the
cultural and linguistic characteristics of the time.
Middle English (1100-1500 AD). Middle English followed Old English and is
marked by significant changes in grammar, vocabulary, and pronunciation. The Norman

Conquest of England in 1066 brought a strong French influence on the English language,
as the ruling class spoke French and French words and expressions were incorporated
into English, particularly in legal, administrative, and religious contexts. The works of
Geoffrey Chaucer, including The Canterbury Tales, are renowned examples of Middle
English literature that provide insights into the language and society of the time.
Early Modern English (1500-1700 AD). The Early Modern English period was
characterized by the Renaissance, the Reformation, and the expansion of English
exploration and colonization. During this time, English underwent significant changes

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in grammar, vocabulary, and pronunciation. The introduction of the printing press by
William Caxton in England in the late 15th century led to the standardization of English
spelling and the publication of numerous English books, including the King James
Bible. The works of William Shakespeare, one of the greatest playwrights in the English
language, were also written in Early Modern English and continue to be widely studied
and celebrated.
Modern English (1700-Present). Modern English followed Early Modern English
and is the form of English spoken and written today. This period has been marked by
rapid changes in technology, globalization, and the spread of English as a global
language. The industrial revolution, scientific advancements, and cultural shifts have all
influenced the development of English vocabulary and usage. In recent times, English
has become a global lingua franca, spoken and written by millions of people around the
world in various dialects, accents, and forms.
In conclusion, the history of the English language is a rich and multifaceted
subject that has evolved through various stages, including Old English, Middle English,
Early Modern English, and Modern English. It has been shaped by cultural, historical,
and linguistic influences, and continues to evolve in response to changing societal and
technological contexts. Proper citation of reputable sources, such as David Mellinkoff,

Peter M. Tiersma, and John Hudson, among others, is essential when conducting
research or academic work on this topic.
2.2. Legal English: Concept and History.
2.2.1. Concept
The concept and definition of Legal English is a significant aspect of legal
language and communication, which has evolved over time and is influenced by various
factors such as historical, cultural, and linguistic contexts. Scholars such as David
Mellinkoff, Peter M. Tiersma, and John Hudson have contributed to the understanding
of Legal English in their works, including “The Language of the Law”, “Legal
Language” and “The Oxford Handbook of the History of English Law”, respectively.
These sources provide valuable insights into the concept of Legal English in formal and
academic language.

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Legal English, as defined by Mellinkoff, refers to the language used in legal
documents and communication, characterized by its technical terminology, archaic
language, and complex sentence structures. Mellinkoff argues that Legal English has
historically been exclusive and inaccessible, creating a barrier for the general public and
impeding effective legal communication. He emphasizes the need for Legal English to
be clear, concise, and accessible, using Plain English principles to enhance
understanding and transparency.
Tiersma, in his work “Legal Language” expands on the notion of Legal English
by examining the linguistic aspects of legal language. He argues that Legal English is a
specialized form of language that serves as a means of communication within the legal
profession, characterized by its technical vocabulary, syntax, and discourse patterns.
Tiersma highlights the importance of Legal English as a distinct form of language, with
its own rules and conventions that legal professionals must understand and use
proficiently in their communication.

Furthermore, the “Oxford Handbook of the History of English Law” edited by
John Hudson, provides insights into the historical development of Legal English. The
book delves into the evolution of legal language in England, from its origins in the
Anglo-Saxon period to its current form. It highlights the influence of historical and
cultural factors on the development of Legal English, including the Norman Conquest,
the rise of legal institutions, and the influence of Latin and French on legal language.
According to Nigora Mufti-Zade in her journal, Legal English to her is “one of
the many forms of English used in law. In other words, it is a technical term that has
emerged specifically as a language for lawyers such as judges, lawyers, paralegals and
lawyers. Legal English is not the first language of these professionals. So, in order to
work well in the legal field, you have to learn the language in a technical context”.
Based on these sources, Legal English in general can be defined as a specialized
form of language used in legal documents and communication, characterized by its
technical terminology, complex sentence structures, and historical and cultural
influences. It is a distinct form of language that requires proficiency and understanding
by legal professionals to effectively communicate within the legal domain.

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Tiersma, in his analysis of legal language, further emphasizes the importance of
technical vocabulary, syntax, and discourse patterns in Legal English. He argues that
legal professionals must have a proficient understanding of these linguistic aspects of
legal language to effectively communicate within the legal domain. This includes the
use of specialized legal terminology, which may be technical and specific to the legal
field, and the understanding of the syntactic and discourse patterns that are characteristic
of legal language.
2.2.2. History
The history of Legal English is a complex and evolving subject that has been
shaped by various historical, cultural, and linguistic influences. Ancient Rome, with its

influential legal system known as Roman law, played a significant role in the
development of legal language. Latin, the language of the Romans, was extensively used
in legal texts, court proceedings, and legal education, and its influence spread
throughout Europe during the Middle Ages, including England.
In England, the Norman Conquest in 1066 brought about significant changes to
the legal system and language. The Normans introduced their own legal system
conducted in Norman French, which had a profound impact on the development of legal
language in England. The use of French in legal communication resulted in a fusion of
Old English, French, and Latin elements in legal terminology and documentation, giving
rise to a unique form of legal language known as Law French. Law French became the
dominant form of legal language in England for several centuries, and Latin continued
to be used in legal terminology and documentation.
During the Middle Ages, legal education in England was conducted in Latin, and
Latin remained the language of legal texts and court proceedings. Latin was considered
the language of scholars and the elite, and its use in legal communication was seen as a
way to establish authority and expertise. Legal documents were often written in complex
and formal language, using intricate sentence structures and archaic terminology,
creating a barrier to accessibility and comprehensibility for those not trained in the legal
field.

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In the early modern period, English began to gain prominence as the language of
law in England. English was increasingly used in legal texts and court proceedings,
although Latin and Law French continued to be used in legal terminology and
documentation. The rise of the printing press made legal texts in English more widely
available, increasing accessibility to legal knowledge for a broader audience. However,
legal language remained complex and formal, characterized by intricate sentence
structures, technical vocabulary, and archaic terminology.

In the 18th and 19th centuries, efforts were made to simplify and modernize legal
communication through legal reforms, such as the enactment of statutes and the
establishment of legal dictionaries. These reforms aimed to standardize legal
terminology and make it more understandable to the general public. Legal scholars, such
as Jeremy Bentham, advocated for the use of plain language in legal communication,
arguing that legal documents should be written in a clear, concise, and easily
understandable manner.
In the 20th century, the use of Plain English in legal communication gained
momentum, particularly in countries like the United States and the United Kingdom.
Legal practitioners, government agencies, and legal scholars recognized the need to
make legal information more transparent and accessible to a wider range of readers,
including legal professionals, clients, and the general public. Plain English, which
promotes the use of clear, concise, and easily understandable language in legal
documents and communication, has gained recognition as a viable solution to address
the problems associated with legal language.
Today, the use of Plain English in legal communication continues to be a topic
of discussion and debate. Many legal practitioners, government agencies, and legal
scholars advocate for the use of Plain English in legal documents, contracts, statutes,
and other legal materials to ensure that legal information is accessible and
comprehensible to all stakeholders. However, there are those who argue that legal
language must remain precise, technical, and formal to maintain its integrity and
accuracy.
In conclusion, the history of Legal English is a fascinating and intricate subject
that has been shaped by various historical, cultural, and linguistic influences. From the

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ancient Roman legal system and the use of Latin in legal communication, to the Norman
Conquest and the fusion of French, Latin, and Old English in Law French, to the efforts

towards simplification and modernization in the 18th and 19th centuries, and the
advocacy for Plain English in the 20th century, legal language has undergone significant
changes and transformations over time.
As I have seen from the brief history of Legal English, the development of legal
language has been shaped by various historical, cultural, and linguistic influences. From
Latin and Law French in ancient and medieval times to efforts towards simplification
and modernization in the 18th and 19th centuries, and the advocacy for Plain English in
the 20th century, legal language has evolved over time. However, despite these efforts,
the problem of Legal English persists in contemporary legal communication.
2.3. The differences between Legal English and Plain English.
From the above analysis, I observe that Legal English is a specialized language
used by legal professionals in the legal system. It is known for its technical terms,
complex sentences, and precise legal language. Legal English is primarily used to
accurately convey legal concepts, principles, and rules. It is primarily used in legal
documents, court proceedings, and statutes.
Plain English is a style of communication that aims to simplify complex concepts
and make information easily understandable for a wide range of audiences. It is more
accessible and reader-friendly. Plain English emphasizes clear, simple, and direct
language. Plain English uses everyday language, shorter sentences, and a logical flow
of information. Plain English aims to improve understanding, encourage openness, and
enable effective communication among individuals without legal expertise.
Legal English and Plain English differ in their target audiences and language
complexity. Legal English is designed for legal professionals, judges, and those familiar
with the legal system. On the other hand, Plain English is intended for a wider audience,
including non-experts and the general public. Legal English emphasizes precision and
adherence to legal conventions, whereas Plain English prioritizes clarity, simplicity, and
ease of comprehension.

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Legal English relies on precedent, legal doctrines, and specialized terminology
to convey precise legal meanings. It fulfills a role in the legal system by promoting
consistency and ensuring accurate interpretation of laws and legal concepts. Plain
English aims to present information clearly and directly, using everyday language to
minimize any potential confusion or ambiguity.

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CHAPTER 3: LEGAL ENGLISH’S PROBLEMS
Legal English, steeped in a rich history and tradition, has evolved over centuries,
drawing on Latin phrases and technical terminology to establish a unique lexicon within
the legal field. While legal professionals may be well-versed in this specialized
language, it poses significant difficulties for individuals outside the legal sphere. The
complex and convoluted nature of Legal English can alienate and confuse non-lawyers,
making legal documents and communications incomprehensible and inaccessible. This
lack of clarity not only hinders effective communication but also jeopardizes
individuals' ability to understand and assert their rights within the legal system.
Moreover, the problems associated with Legal English extend beyond mere
comprehension issues. The use of archaic language and complex structures can create
barriers to access to justice, particularly for marginalized and disadvantaged
communities. Legal language that is exclusive, opaque, and difficult to decipher
reinforces existing power imbalances and contributes to the unequal distribution of legal
knowledge and resources.
However, the very characteristics that have traditionally defined Legal English
can also give rise to a multitude of problems. In this chapter, I will delve into the inherent
challenges and issues associated with Legal English by category, examining how it can
impede comprehension, hinder access to justice, and create barriers for non-lawyers. By
understanding these problems, I can begin to explore strategies and solutions to make

legal language more accessible, transparent, and inclusive.
3.1. Vocabulary and Terminology
Excessive use of Latin phrases and technical terminology in Legal English has
been identified as a significant problem that hampers comprehension for non-legal
professionals. Legal documents and communication frequently contain an abundance of
Latin phrases, which can create barriers to understanding. These phrases, rooted in
historical tradition and Latin origins, may be unfamiliar to readers outside the legal
sphere and necessitate additional explanation or translation to facilitate comprehension.
Similarly, the specialized technical terminology employed in legal discourse can

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overwhelm individuals who are not well-versed in legal language, impeding their ability
to grasp the meaning conveyed in legal documents and communication.
The prevalence of Latin phrases in Legal English can hinder effective
communication by creating a divide between legal professionals and non-legal readers.
Latin, no longer widely spoken or understood, is considered a dead language and its use
in legal contexts can alienate those who lack familiarity with its intricacies. As a result,
legal documents filled with Latin phrases become inaccessible and require
supplementary interpretation, undermining the goal of clear and efficient
communication within the legal system.
Technical terminology further compounds the challenges faced by non-legal
professionals attempting to comprehend legal language. The legal field employs a vast
array of specialized terms that have specific meanings and connotations within the
context of the law. For individuals without legal training, these technical terms can be
overwhelming and hinder their ability to understand the substance of legal documents.
The use of technical jargon creates a barrier, effectively excluding non-legal readers
from fully engaging with legal content and impeding their access to justice.
Another problem associated with Legal English is the presence of ambiguous or

vague terms, which can lead to confusion and multiple interpretations. Ambiguity arises
when the language used in legal documents and communication lacks precision and
clarity, leaving room for differing understandings or misinterpretations. This lack of
precision can have serious consequences, as legal disputes and inefficiencies may arise
from the inability to reach a shared understanding of legal terms and concepts.
Ambiguous terms leave room for subjective interpretation, potentially leading to
confusion and discord in legal proceedings.
Moreover, the archaic language often present in legal documents and
communication adds another layer of complexity to the comprehension challenge. Legal
language incorporates words and phrases that have fallen out of common usage,
contributing to a disconnect between legal professionals and non-legal readers. The use
of outdated language can render legal documents inaccessible and difficult to
comprehend, reinforcing the perception of the law as a complex and exclusive domain.

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This linguistic barrier can have detrimental effects on individuals' ability to understand
their legal rights and obligations, limiting their access to justice.
The excessive use of Latin phrases and technical terminology creates barriers to
comprehension for non-legal professionals, hindering effective communication and
impeding access to justice. Ambiguous or vague terms introduce confusion and potential
misunderstandings, contributing to legal disputes and inefficiencies. Additionally, the
presence of archaic language in legal documents further alienates non-legal readers and
obstructs their understanding.
3.2. Sentence Structure and Syntax
Legal English is frequently plagued by complex and convoluted sentence
structures, characterized by intricate subordination and an abundance of clauses. This
intricate construction poses a significant challenge for readers, as it hampers their ability
to follow the logical progression of ideas, often resulting in confusion and

misinterpretation. The labyrinthine nature of these sentences creates a barrier to
effective communication, hindering comprehension and obstructing the accurate
understanding of legal concepts and arguments.
In addition to complex structures, legal writing frequently suffers from lengthy
and run-on sentences. This tendency towards verbosity and excessive wordiness hinders
readers' ability to discern the main points being conveyed. The absence of clear breaks
or appropriate punctuation makes it arduous to navigate these extended sentences,
leaving readers overwhelmed and struggling to extract the intended meaning. As a
consequence, key messages can be lost within the sea of words, impeding effective
communication and impairing the overall clarity of legal texts.
Furthermore, Legal English often lacks clarity and precision, posing further
challenges to comprehension. This lack of clarity stems from convoluted sentence
constructions, the excessive use of adjectives and adverbs, and ambiguities arising from
word choice or placement. The overuse of modifiers and qualifiers dilutes the precision
of legal language, leaving room for misinterpretation and confusion. Ambiguous
phrases and sentences can lead to different interpretations, undermining the intended
meaning and potentially leading to legal disputes or misunderstandings.

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Moreover, legal writing often employs language that is inaccessible to non-legal
professionals and laypersons. The excessive formality, technicality, and abstractness of
legal language create significant barriers to comprehension. Non-lawyers may struggle
to grasp the meaning of complex legal terms, making it arduous for them to engage
effectively with legal documents and communications. The presence of archaic terms,
Latin phrases, and specialized legal terminology exacerbates the challenge, creating a
further divide between legal professionals and the general public. This linguistic
exclusion limits access to legal information, perpetuates inequalities, and undermines
the goal of a transparent and inclusive legal system.

3.3. Jargon and Technical Language
Legal English is often associated with jargon and technical language, which can
pose significant challenges for non-legal professionals. This exclusionary nature of
legal language creates a barrier that limits access to legal knowledge, perpetuates power
imbalances, and hinders non-legal individuals' ability to engage with legal documents
and communications. As such, it reinforces the unequal distribution of legal resources.
One of the significant problems with jargon and technical language is the lack of
clarity it introduces into legal language. Legal documents and communications often
contain language that is ambiguous, imprecise, and open to interpretation. This
ambiguity can lead to misunderstandings and potentially severe legal consequences for
non-legal professionals who may struggle to understand the intended meaning. In this
way, technical language can obfuscate legal concepts rather than clarify them.
Moreover, the use of jargon and technical language in legal documents and
communications can impede effective communication between legal professionals and
non-legal individuals. When legal materials are laden with specialized terminology, it
becomes challenging for non-legal readers to grasp the intended message. The
breakdown in communication can result in confusion, frustration, and errors in
interpretation, ultimately hindering the achievement of the intended goals.
The linguistic barrier created by jargon and technical language also undermines
the principle of equal access to the law. Legal materials, such as statutes, regulations,
and court opinions, are often written in language that is inaccessible for non-legal

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professionals. This lack of accessibility makes it difficult for individuals without legal
training or expertise to understand their rights, duties, and obligations under the law.
This, in turn, inhibits their access to justice, preventing them from availing themselves
of legal remedies and protections.
Furthermore, the use of jargon and technical language in legal documents and

communications can alienate clients, stakeholders, and the general public. This
alienation can create a perception that the legal system is detached and indifferent to the
needs and concerns of those it serves, eroding trust and confidence in the legal
profession.
These issues hinder non-legal professionals' access to legal knowledge, reinforce
power imbalances, and create barriers that prevent them from engaging with legal
documents and communications effectively. Addressing these problems is critical to
promoting equal access to justice and improving trust and confidence in the legal
profession.
3.4. Verbose and Redundant Writing
K. Bhatia in “Analysing Genre: Language Use in Professional Settings”, the
issue of verbose and redundant writing arises from a variety of factors, including a
tendency to prioritize formality and a desire to convey precision and thoroughness.
However, the consequence is a writing style that is dense, inaccessible, and alienating
to non-legal professionals.
The use of unnecessary words and phrases is a common manifestation of verbose
writing in legal texts. Authors often employ elaborate language and employ redundant
expressions, resulting in sentences that are needlessly protracted. This can be attributed
to a perceived need to demonstrate expertise and cover all possible interpretations of the
legal matter at hand. Unfortunately, this approach burdens readers, particularly those
without a legal background, as they must sift through superfluous content to discern the
essential message. Cheryl Stephens, in “Plain Language Legal Writing”, underscores
the need for legal writers to simplify their language and adopt Plain English techniques
to improve comprehension and accessibility.

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Moreover, repetition and redundancy further exacerbate the issue of verbosity.
Legal writers often restate concepts and arguments multiple times within a document,

presumably to emphasize key points or ensure clarity. However, this excessive
repetition not only consumes valuable space but also dilutes the impact of the message.
Readers are forced to navigate through redundant information, impeding their ability to
grasp the core ideas efficiently. This problem is noted by David Mellinkoff in “The
Language of Law” where he highlights the tendency of legal writers to excessively
repeat themselves, resulting in a loss of conciseness and clarity.
These problems of verbosity and redundancy in legal writing can have significant
consequences. The intricate and convoluted nature of Legal English hinders effective
communication, which is essential for the proper functioning of the legal system. Nonlegal professionals, including clients, contactors, may struggle to grasp the intended
message, leading to confusion, misinterpretation, and potential miscarriages of justice.
Additionally, the exclusionary nature of verbose legal language further perpetuates the
power imbalances within the legal system. Marginalized and disadvantaged individuals,
who may already face barriers to accessing justice, are disproportionately affected by
the complexity and inaccessibility of legal texts.
3.5. Impenetrable Legal Documents
Legal English is often criticized for being inaccessible and difficult to
comprehend. Legal documents, such as contracts and agreements, are frequently laden
with intricate language, technical terms, and complex sentence structures, making them
challenging for individuals without legal training to decipher and understand the legal
rights, obligations, and implications contained within the documents.
This can create significant barriers to understanding and compliance. It is crucial
for individuals to understand their legal rights and obligations to ensure compliance with
the law. However, when legal documents are excessively complex, individuals may
struggle to comprehend the legal provisions, leading to non-compliance or
misinterpretation of legal requirements.
This issue is further exacerbated by the inaccessibility of legal statutes,
regulations, and legal opinions to non-legal professionals. The specialized language and

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format in which these documents are presented make them difficult for individuals
seeking to understand and comply with the law.
The inaccessibility of legal documents and complex language creates barriers to
access to justice. Those who are unable to comprehend legal documents and regulations
are at a disadvantage when it comes to asserting their rights and navigating the legal
system. As such, this problem is not limited to mere comprehension issues; it also
jeopardizes individuals' ability to understand and assert their rights within the legal
system.
The complexity of legal contracts and agreements, the inaccessibility of legal
statutes, regulations, and legal opinions, and the use of cumbersome language all
contribute to the impenetrability of legal documents. The resulting barriers to
comprehension and compliance can lead to the unequal distribution of legal knowledge
and resources, reinforcing existing power imbalances within society.
3.6. Exclusionary Nature of Legal Language
Legal Language is often characterized by its complexity, formality, and reliance
on technical terminology and legal jargon. These linguistic features create a sense of
exclusivity and serve as barriers to entry for individuals who lack legal expertise.
Legal English presents a significant barrier to individuals without legal training,
creating limited access to legal knowledge and impeding their ability to understand and
navigate legal documents, processes, and procedures. This lack of access hinders
individuals' capacity to protect their rights, seek justice, and actively participate in legal
proceedings. The divide between legal professionals and non-legal individuals deepens,
perpetuating power imbalances within society.
The use of complex and inaccessible legal language reinforces existing power
imbalances, favoring legal professionals who possess the linguistic competence and
familiarity with legal conventions. Their advantage stems from their ability to navigate
the intricacies of legal language, while individuals without legal training face a distinct
disadvantage. This imbalance in linguistic proficiency contributes to unequal treatment,
further marginalizing certain groups and exacerbating social inequities.

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The exclusionary nature of legal language also contributes to the unequal
distribution of legal resources. Individuals who can afford legal counsel or have access
to legal education are better equipped to comprehend and utilize legal language
effectively. Conversely, those without such resources face greater challenges in
understanding and engaging with legal systems. This disparity in accessing legal
resources amplifies existing socioeconomic inequalities, as individuals with limited
means struggle to navigate complex legal processes and protect their rights.
The specialized language employed in Legal English often prioritizes technical
accuracy over clarity and accessibility. This emphasis on precision and formality
impedes effective communication between legal professionals and non-legal
individuals. The complex terminology, archaic language, and convoluted sentence
structures create a significant barrier to understanding legal rights, obligations, and
consequences. Consequently, non-legal individuals may experience feelings of
alienation, confusion, and disempowerment when interacting with legal systems and
processes.
In conclusion, this chapter has examined the challenges associated with the use
of Legal English, highlighting the complexities of its terminology, antiquated
expressions, convoluted sentence structures, and excessive technical jargon. These
issues pose barriers to comprehension and impede effective communication between
legal professionals and non-legal individuals. The opacity and inaccessibility of legal
language can result in misunderstandings, disputes, and a lack of trust in the legal
system.
However, acknowledging these problems presents opportunities for potential
solutions. By embracing the principles of Plain English and adopting clear and concise
language, the legal profession can overcome these challenges and enhance accessibility,
comprehension, and engagement.

By simplifying legal language, eliminating unnecessary complexity, and
embracing clarity and transparency, legal professionals can bridge the gap between the
legal sphere and the general public. Prioritizing Plain English principles can improve
legal literacy, facilitate access to justice, and promote a more inclusive legal system.

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In the forthcoming chapter, I will explore pragmatic solutions and recommended
practices for integrating Plain English into legal writing, offering guidance on
simplifying language, structuring documents effectively, and ensuring that legal
information is understandable to a broader audience.

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