Legal Definitions - legalese

Legalese refers to the specialized, often complex, and sometimes archaic language used by legal professionals in documents, court proceedings, and communications. It is characterized by long, convoluted sentences, the frequent use of passive voice, formal or obsolete words, and Latin terms, making it notoriously difficult for non-lawyers to understand.

While some argue that legalese provides precision and upholds the tradition of the legal field, a growing movement advocates for "plain English" in legal writing. This shift aims to make legal information accessible to everyone, ensuring that individuals can comprehend their rights, duties, and obligations without needing a lawyer to interpret the language.

Here are some examples illustrating legalese:

• Example 1: A Real Estate Contract Clause

  Imagine a clause in a property lease agreement stating: "The Lessor shall, by these presents, demise and let unto the Lessee, and the Lessee shall take and hold from the Lessor, all that certain parcel of land, together with all appurtenances thereunto belonging, for a term of one (1) year commencing on the first day of January, two thousand and twenty-four, for and in consideration of the sum of one thousand United States Dollars ($1,000.00) per month, payable in advance on the first day of each and every month."

  This is legalese because it uses archaic terms like "demise and let," "unto," "appurtenances thereunto belonging," and "for and in consideration of." The sentence structure is lengthy and formal, making a simple concept (renting a property for a year at a monthly rate) unnecessarily complicated for a layperson.

• Example 2: A Formal Legal Notice

  Consider a letter sent to a homeowner about a minor property issue that reads: "Kindly be advised that pursuant to the provisions of Section 4(c) of the municipal zoning ordinance, and subsequent to a thorough inspection conducted on October 15, 2023, it has been definitively ascertained that the shrubbery situated upon your aforementioned parcel of land constitutes an impermissible obstruction of the public right-of-way, thereby necessitating immediate remediation to obviate further legal action."

  This notice exemplifies legalese through its overly formal and wordy phrasing. Instead of directly stating, "Your shrubs are blocking the sidewalk and violate zoning rules; please move them to avoid a fine," it uses phrases like "kindly be advised that pursuant to the provisions of," "subsequent to a thorough inspection," "definitively ascertained that the shrubbery situated upon your aforementioned parcel of land constitutes an impermissible obstruction," and "thereby necessitating immediate remediation to obviate further legal action."

• Example 3: A Court Pleading Request

  In a court document, a lawyer might write: "WHEREFORE, premises considered, Plaintiff respectfully prays this Honorable Court to grant the relief sought herein, specifically, to wit, a permanent injunction enjoining Defendant from further engaging in the aforementioned unfair business practices, and for such other and further relief as this Court may deem just and proper under the circumstances."

  This passage demonstrates legalese through its use of formal and somewhat archaic legal jargon. Phrases like "WHEREFORE, premises considered," "prays this Honorable Court," "to wit," "enjoining Defendant from further engaging in the aforementioned," and "such other and further relief as this Court may deem just and proper" are common in legal filings but are not part of everyday language, making the request for a court order difficult for a non-lawyer to fully grasp without interpretation.