What Is Legalese?

Legalese is the specialised form of language traditionally used in legal writing, including contracts, statutes, and court documents. It is characterised by formal tone, technical vocabulary, and often archaic expressions that are not commonly used in everyday English. In simple terms, legalese refers to complex and sometimes unnecessarily complicated wording that can make legal texts difficult for non-lawyers to understand. Although it developed with the aim of achieving precision and certainty, it is now often criticised for being overly verbose and obscure.

One of the main features of legalese is the use of archaic words and phrases that date back centuries. Terms such as “herein,” “thereof,” “hereto,” and “whereby” are rarely used outside legal contexts but still appear frequently in formal documents. For example, a clause might state: “The obligations set out herein shall be binding upon the parties hereto.” In plain English, this simply means: “The obligations in this document are binding on the parties.” These words persist largely due to tradition and the tendency of lawyers to copy established precedents.

Another common feature is the use of long and wordy expressions where shorter alternatives would suffice. Legalese often replaces simple words with phrases such as “in the event that” instead of “if,” “prior to” instead of “before,” or “for the purpose of” instead of “to.” For instance, “In the event that the tenant fails to make payment” could easily be rewritten as “If the tenant does not pay.” These longer phrases do not usually add legal precision but can make documents harder to read and understand.

Legalese also frequently includes redundant doublets and triplets—pairs or groups of words that mean the same thing. Examples include “null and void,” “cease and desist,” “fit and proper,” and “give, devise and bequeath.” Historically, these combinations arose from mixing different linguistic traditions (such as English, French, and Latin) to ensure understanding. However, in modern drafting they are usually unnecessary. For example, “null and void” can simply be replaced with “invalid,” and “cease and desist” can be reduced to “stop.”

Latin expressions are another hallmark of legalese. Phrases such as “prima facie” (at first glance), “inter alia” (among other things), “per se” (by itself), and “bona fide” (in good faith) are still used in legal reasoning and judgments. While some Latin terms remain useful shorthand for complex legal concepts, overuse can make legal writing inaccessible. For example, “The claimant has established a prima facie case” could be expressed more plainly as “The claimant has shown an initial case.”

Legalese is also known for its use of formal verbs and modal language, particularly the word “shall.” Traditionally, “shall” has been used to impose obligations, as in “The buyer shall pay the purchase price within 14 days.” Modern drafting increasingly prefers “must,” which is clearer and less ambiguous: “The buyer must pay within 14 days.” Similarly, verbs like “furnish,” “commence,” and “terminate” are often used instead of “provide,” “start,” and “end.”

Despite its drawbacks, legalese developed for practical reasons. Historically, lawyers aimed to achieve maximum precision and to avoid ambiguity by using established formulas that had been tested in court. The repetition of familiar wording also reduced the risk of misinterpretation. However, modern legal practice, especially in consumer law and commercial contracts, places greater emphasis on clarity and accessibility. Courts are primarily concerned with the meaning of words rather than their form, and there is increasing recognition that plain English can achieve both clarity and legal certainty.

For this reason, there has been a strong movement toward plain English drafting. Legal documents are now often written in a clearer, more concise style, replacing legalese with straightforward language. For example, “The party of the first part shall forthwith deliver the goods” is now more likely to be written as “The seller must deliver the goods immediately.” This shift is particularly important in ensuring that legal rights and obligations are understood by all parties, not just lawyers.