Should You Use Legalese or Plain English?

In general, plain English should be your default approach. It is preferred in most modern legal contexts because it improves clarity and ensures that documents can be understood by clients, courts, and non-lawyers. You should use plain English in documents such as client letters, advice notes, emails, and consumer contracts. For example, writing “You must pay within 14 days” is clearer and more effective than “The payment shall be made within 14 days.” Courts also favour clear and natural language, so using plain English reduces the risk of confusion or misinterpretation.

However, legalese should still be used where it adds real legal value. This includes situations where a term has a specific, established legal meaning that cannot easily be replaced without losing precision. For example, phrases like “without prejudice,” “subject to,” or “bona fide” carry recognised legal effects. In formal legal documents such as contracts, statutes, or pleadings, it may also be appropriate to retain certain traditional terms if they are well understood in law and ensure accuracy.

A balanced approach is therefore best. You should avoid unnecessary legalese, such as archaic words (“herein,” “thereof”) or wordy phrases (“in the event that”), because they do not improve precision. At the same time, you should retain technical legal terms where needed to express specific legal concepts correctly. For example, replacing “consideration” in contract law with “payment” could be misleading, as consideration has a broader legal meaning.

Knowing when to use legalese and when to use plain English is an important practical skill, especially for legal drafting. We recommend that you use plain English for clarity and accessibility, and use legalese only when it provides necessary precision or reflects a recognised legal concept. The key is to write in a way that is both accurate and easy to understand, rather than automatically relying on traditional legal wording.