A contract is a legally obligatory agreement between two parties that governs those parties’ rights and duties, which the law enforces. And it’s also apparent that more often, we can not understand the legal terms ended up taking help from a legal expert.
It is not possible to completely understand it without a Contract Lawyer in most cases. Have you ever thought about why it is not in plain English? Why are contracts written in legalese?
There are a few reasons why the old legalese is still being used in contracts. In this article, let’s find out all the reasons and relevant issues regarding this topic.
What is legalese?
Legalese is a specialized form of writing used in legal documents by lawyers and people in the legal profession. It is a technical form of English used primarily for contracts, wills, by-laws, and all other legal documents.
It is like complicated medical terms and mathematical problems that we generally don’t understand. Legalese is chiefly covered with Latin words and phrases, which are grammatically complex for embedded clauses, passive voices, and lengthy sentences.
Most businesses nowadays are trying to adopt this practice to sound more official and valid. However, legalese has many disadvantages; it is still being used in all legal works.
Why are contracts written in legalese?
When you are making a contract, your lawyer will write it in legalese, and you are required to read it thoroughly and give a signature there, which is a kind of acknowledgment that you agree with the contract.
But the most horrible thing is, it is not possible for the general people to fully understand legalese. At that time, your contract lawyer can help you read that out and understand.
It is useless then again; the same thing has been conducted for many years. Many of you don’t know the reasons behind this legalese.
Now, let’s discuss the reasons:
According to many legal personalities, making a plain English contract is not easy. It seems easy, but it takes a significant amount of time and is a matter of effort and creativity.
On the other hand, it is effortless and time-efficient to use the old legalese templates for lawyers and other legal professionals. All legal professionals are familiar with this language.
For these reasons, it still exists in our legal documents. Though few lawyers have tried to write contracts and other documents in plain English in the past, it didn’t bring good. In their view, it will take much time to spread this new way of writing legal documents.
Fear of change:
Most lawyers argue that legalese is tried and tested many times, thus easily understandable by all of the authorities. Here, they all know how the court will interpret the language.
If you use a new language, there is a profound change of misinterpretation by the court, and at the same time, it is highly unpredictable how the court will interpret it.
Although, it is merely a lame excuse because if the document is in plain English, the court will interpret it in plain English. Why is it so hard to predict?
Protection of lawyer:
Some lawyers think that it is a kind of protection because most people don’t know this legalese and are experts here. Their expert status will be useless if it is written in plain language.
That is why they always try to keep everything in legalese which is unknown and difficult to read and understand for ordinary people.
Well, there is no reasonable problem contract written in plain English. Even it is better for both of the parties. Many legal professionals also don’t know the meaning of the legalese that they used to write in the legal documents and contracts. In my opinion, this practice should be changed for the sake of the public.
Here, in this article, we have conducted a detailed discussion on why contracts are written in legalese. Hopefully, you have got all the needed information you are searching for on the internet.