8.1. Principles of Clear Writing

UNIT 8.1 Legal Writing Skills

Principles of Clear Writing: Plain English vs. Legalese

The art of clear, concise, and effective communication.

Hover text for Turkish translation. Tap text for Turkish.

1. What is Plain English?

Plain English does not mean "dumbed-down" English. It means writing that is clear, concise, and direct. It avoids archaic jargon and convoluted sentence structures.

The goal is to communicate effectively, not to impress the reader with big words. Modern legal clients, judges, and partners prefer documents they can understand quickly.

2. Legalese: The Enemy of Clarity

"Legalese" refers to the traditional, often incomprehensible style of legal writing. It is characterized by:

• Archaic Words: Words like herein, thereof, aforesaid, witnesseth. These are often called "legalisms" or "barnacles" of jargon.
• Doublets and Triplets: Using two or three words to say one thing (e.g., null and void; give, devise and bequeath). Usually, one word is enough.
• Passive Voice: Hiding the actor (e.g., "The motion was filed" instead of "The Plaintiff filed the motion"). Active voice is stronger and clearer.

3. The "Here-" and "There-" Words

Legal writers often use words starting with "Here-" (referring to this document) and "There-" (referring to that document or concept). Modern guidelines suggest replacing them with plain equivalents.

Archaic Term	Plain English Alternative
Herein	"in this agreement" or "in this section"
Hereto	"to this agreement"
Hereinafter	Use a defined term (e.g., "called the 'Tenant'")
Thereof	"of it" or "its"
Therein	"in it" or "inside"
Aforesaid / Said	"the", "that", or "those" (e.g., replace "said contract" with "the contract")

PART B: INTERACTIVE EXERCISES

Exercise 1: Vocabulary Match Tap Left then Tap Right

Match the Archaic Legalism with its Plain English equivalent.

Exercise 2: The "Delete" Button

Rewrite the sentence below in Plain English by removing unnecessary "Legalese".

"The said Plaintiff, hereinafter referred to as 'Jones', hereby acknowledges receipt of the aforementioned goods."

Your Version:

Suggested Answer:

"Jones acknowledges receipt of the goods."

Removes: The said, hereinafter referred to as, hereby, aforementioned.

Exercise 3: Best Practice

Choose the clearest and most professional version.

1. Regarding termination:

a) The contract shall be considered null and void and of no further force or effect.

b) The contract is void.

c) The aforementioned agreement is hereby terminated and rendered nugatory.

2. Regarding payment date:

a) Payment must be made prior to the 5th of the month.

b) Payment must be made before the 5th of the month.

c) Payment is required to be effectuated antecedent to the 5th.

3. Regarding the parties:

a) The party of the first part agrees to sell to the party of the second part.

b) The Seller agrees to sell to the Buyer.

c) The said Seller hereby covenants to convey to the said Buyer.

Exercise 4: Doublets & Triplets Tap Left then Tap Right

Match the redundant phrase with its single, plain equivalent.

Exercise 5: Spot the "Here-" Word

Read the paragraph. Click on the word that means "in this document".

"The Tenant agrees to pay the rent specified herein. If the Tenant fails to pay thereof, the Landlord may terminate the lease heretofore signed."

Exercise 1

• Herein → In this agreement
• Aforesaid → The / That
• Utilize → Use
• Subsequently → Later / After
• Due to the fact that → Because

Exercise 4

• Null and void → Void
• Give, devise and bequeath → Give
• Cease and desist → Stop
• Due and payable → Due
• Last will and testament → Will

Exercise 2

"Jones acknowledges receipt of the goods."

Exercise 3

1-B, 2-B, 3-B

Exercise 5

Target word: "Herein"