Do You Speak Legalese?

Basically, lawyers often use language that is hard for most people to understand. This makes legal writing complex and hard to follow, not because of the topics being discussed, but because of the way it is written. So, complexity in legal writing is mostly due to bad writing practices. Legalese is a type of language that is difficult to understand because it uses old-fashioned words, bad grammar, and lots of legal terms. It can make people feel stupid and powerless. Some people think it’s a way for lawyers to show off, but it should be written in a way that everyone can understand. Some old-fashioned legal terms are not used as much anymore, but they can still be confusing for people who don’t know a lot about the law. Many legal documents still use old-fashioned language, like “witnesseth” and “whereas,” even though it’s unnecessary and makes the document hard to read. Lawyers don’t seem to question why they use this old language. It doesn’t make the document any better, and it’s not used in modern writing. Legal documents often use unnecessarily complex language and repetition, such as writing out numbers like “ten (10)” instead of just “10,” and using words like “herein” and “hereto.” This makes the documents hard to understand for regular people. They also use the phrase “provided, however, that…” a lot, adding to the confusion. All of this is just to show off that it’s a legal document, but it doesn’t actually make the document any clearer. Legal language uses a lot of repetition and extra words to make things sound more official. Lawyers often use phrases like “terms, provisions, covenants, agreements, representations, and warranties” instead of just saying “terms” to make it sound more official. They also use pairs of words like “good and valuable” or “free and clear” instead of just one word. This makes the document seem like it was written by a lawyer. The use of unnecessary extra language, also known as legalese, can make legal documents difficult to understand and may actually detract from the clarity and coherence of the content. It perpetuates the use of archaic language, repetition, and run-on sentences, and may give the impression that a document is longer or more complex than it needs to be. This can make it harder for people, including new and experienced lawyers, to grasp the true meaning of the document. In contrast, using plain English can actually enhance sophistication and coherence, leading to clear and readable documents. Therefore, removing legalese can improve the overall quality and accessibility of legal content. Jim had the flu and went to see Dr. Jones. The doctor told Jim he would be better in 10 days if he stayed home, drank liquids, and slept for eight hours each night. If he didn’t get better, the doctor would give him antibiotics. Studies show that most judges and lawyers prefer simple, easy-to-understand language over legal jargon. Using complicated language can make it hard for people to understand legal documents and could even make them unenforceable in court. Even real estate attorneys can struggle to understand some legal documents because they’re written in such a complicated way. Consumer groups have been pushing for years to make legal documents easier to understand. Using simple language instead of complicated legal jargon can make agreements more enforceable and easier for everyone to understand. It’s hard to justify using complicated language when most people use plain English in everyday life. Some judges and lawyers also prefer plain language over legalese. If a document refers to a “Certificateholder,” it means the person whose name is listed on the Certificate Register. This could include people who own the certificates or those who might buy them in the future. However, for certain actions, certificates owned by certain people or entities will not be counted in making decisions. This includes the depositor, the master servicer, the special servicer, the trustee, the certificate administrator, the operating advisor, managers of mortgaged properties, and mortgagors. But for some purposes, their certificates will be counted. If an entity has certified that it has a separation between it and the depositor, master servicer, special servicer, trustee, certificate administrator, or operating advisor, then their certificates will be counted. Martin A. Schwartz is a real estate lawyer in Miami. He helps with buying, selling, financing, and renting properties. He also specializes in condominium law.

Source: https://www.floridabar.org/the-florida-bar-journal/do-you-speak-legalese/