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Plain Language for Lawyers

Published:
21 Sep 2022
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Plain Language for Lawyers

Plain language is clearly understood by clients and co-workers. It cuts out confusion and connects with the reader.

Overly complex communication, on the other hand, detaches the community from our legal system.

That’s why the legal profession is moving towards plain language.

This guide lets you move with it.

 

Why choose plain language? 

It puts your clients first 

Clients want to be involved in their own legal process. So they expect you to make sense of the law for them. Others, who already feel intimidated at the prospect of engaging a lawyer, might keep their distance. Plain language bridges this gap. It builds trust and encourages clients to play their part. The more they understand, the more they can help you do your job.

It saves time and money 

Complex language causes costly delays. Not only for your clients – but for your firm or organisation too. When you use plain language, your clients and coworkers won’t waste time dealing with confusion. This means improved efficiency, service and satisfaction. As an example, when the Family Court of Australia rewrote its divorce application form in plain language, it enjoyed a 33% drop in related phone enquiries. Meanwhile, 70% of applicants reported that the form was easier to fill in, creating a happier end user. 

It’s safe 

Ambiguous agreements and documents increase the scope for disputes, complaints and negligence claims against you. Plain language ensures your work clearly reflects your client’s intention or agreement – leaving it less open to interpretation. 

It’s inclusive 

Our community is culturally and linguistically diverse. By using plain language, we ensure that people of all education levels and backgrounds can access our legal system.

 

How to use plain language

Plain language is the key to clear communication. Here’s how you can use it, so readers get your message straight away.

 

Let go of legalese

Perhaps you’re still attached to legalese – the language you learned in law school. These ‘sophisticated’ words might have demonstrated your knowledge in academic assessments. But they have no place in practice. Instead, use words that your readers hear in the real-world.

Instead of

Write

Bona fide

Good faith

Forthwith

Immediately

Hereafter

After this

Inter alia

Among other things

Shall

Will

Thereafter

After that

Thereof

Of it

Therewith

With it

 

Use simple words

We know – flexing your knowledge with fancy words is tempting. But this makes your message harder to grasp. So use familiar, everyday words to avoid alienating your readers. 

Instead of

Write

Assist 

Help 

Commence

Start

Determine

Find

Evident

Clear

Following

After

Frequently

Often 

However 

But I

Identical 

Same

In proximity to

Near

Numerous

Many

Requirement

Need

Validate

Confirm

 

Quick tip: If you think a big word is necessary, use brackets to clearly explain it. For example: “The easement sterilises your land (i.e. prevents use, development and infrastructure).

 

Write short sentences

Clients and co-workers alike are quick to look away from long sentences. Aim for under 25 words per sentence to keep readers engaged.

Instead of

Write

We have now had the opportunity to review the proposed draft contract for sale and provide the following epitome of the main terms:

We have reviewed the draft contract. The main terms are: 

We are of the belief that a 30-day notice to remedy should have been served by the landlord prior to exercising a power of sale.

The landlord should have served a 30-day notice to remedy before exercising a power of sale. 

We observe that your current employment is in violation of your agreement with your previous employer to not work for a competitor in any capacity during the 6-month period immediately after the termination of your previous employment.

Your current employment breaches the non-compete clause in your contract with your previous employer.

We will provide you with our legal advice and commence legal proceedings upon receipt of payment in the agreed amount by the agreed date. 

We will start once we receive payment as agreed.

 

Use the active voice

Active voice sentences are clearer, more concise and more direct. The passive voice, on the other hand, is less certain and less engaging. 

Use the active voice by placing the subject at the start of your sentence.

Instead of

Write

The limitation period is stipulated by the agreement. 

The agreement sets out the limitation period. 

Rent will be collected by the landlord every week. 

The landlord will collect rent every week. 

Providing a safe and accessible workplace is the responsibility of the employer. 

The employer is responsible for providing a safe and accessible workplace. 

Flexible working arrangements may be requested by employees. 

Employees may request flexible working arrangements. 

Our invoice has been sent to you.

We have sent you our invoice.

 

Eliminate wordy phrases

Some expressions add fluff to your writing – not value. Here are some ways you can send the same message with fewer words.

Instead of

Write

Due to the fact that

Because

During the period of

During

Has had an effect on

Influenced

I am of the belief that

I believe

In order to

To

In the event that

If

In the near future

Soon

In the time preceding

Before

Is aware of the fact that

Knows

Notwithstanding the fact

Even though

The majority

Most

With the exception of

Except

 

Cut the corporate jargon

Some lawyers think corporate jargon sounds impressive – but it can come off as pretentious and out of touch. These simple alternatives better connect with your reader.

Instead of

Write

Advantageous

Helpful

Deliverable

Result

Finalise

Finish

Incentivise

Encourage

Leverage

Gain

Operational

Working

Regarding

About

Terminated

Ended

Utilise

Use

 

Avoid nominalisations

Nominalisations are words for processes, techniques, or emotions – not actions. They are nouns formed from verbs, often ending in ‘ion’, ‘ment’ and ‘ance’. 

Aim to use the verb form instead of the noun form. This will make your writing clearer and more engaging.

Instead of

Write

Conduct an assessment

Assess

Facilitate the resolution of 

Resolve

Have a discussion 

Discuss

Initiate and inquiry 

Inquire

Make a decision 

Decide

Make an arrangement

Arrange

Organise the provision of 

Provide

Perform an analysis of 

Analyse

Place restrictions 

Restrict

Provide advice to

Advise

Reach an agreement

Agree

 

Finessing your formatting

With plain language down pat, finessed formatting is the cherry on top. Clear, consistent formatting makes your writing instantly easier to scan, understand and respond to.

 

Break it up

Instead of

Write

The landlord is entitled to undertake monthly inspections of the property and require the tenant to pay so far as is reasonable for the reparation of any damage caused to the property by the tenant.

Landlord’s entitlements 

The landlord is entitled to:

  • Undertake monthly inspections of the property.
  • Seek payment from the tenant to repair any damage the tenant causes to the property

Today I will need you to proof and forward my advice to Sarah regarding her mortgage repayments. Then I will need you to brief Joel, the new intern, on the neighbourhood dispute matter we discussed yesterday. After that you can send out invoices to the clients whose matters have finalised.

Today’s tasks

  1. Proof and send mortgage repayment advice to Sarah.
  2.  Brief Joel on neighbourhood dispute matter.
  3. Send invoices for finalised matters.

 

Punctuate with precision

Punctuation breaks up sentences to make your writing more readable. Remember – the full stop is your best friend.

But be careful. Because how you punctuate also dictates the meaning of your message. 

Below is an excerpt from the agreement in Canada’s “Million Dollar Comma” case. Here, a wayward comma narrowed the scope of a notice requirement for termination. It meant that the notice requirement only applied after the first five years of the agreement.

Instead of

Write

This agreement shall be effective from the date it is made and shall continue in force for a period of five years from the date it is made, and thereafter for successive five-year terms, unless and until terminated by one year prior notice in writing by either party

  • This agreement will be effective for five years (Initial Term).
  • It will continue to be effective for five-year terms after the Initial Term has expired (Successive Terms).
  • During a Successive Term, either party may terminate the agreement by giving written notice one year in advance.

 

Final tip: Understand and redraft

Always re-read and edit your writing with the aim of making it clearer. And always consider your audience.

Ask yourself: 

Who will be reading or signing the document? 

Will they be able to understand the document? 

How can I simplify my sentences? 

How can I re-order the clauses? 

Can I say the same thing with fewer, simpler words?

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Jo Bragg, a solicitor in regional Tasmania, started as a generalist lawyer. Her personal experience of separation, along with increasing client demand, prompted her to move into family law. Insights spoke to Jo about what attracted her to family law, what her day-to-day life looks like in practice, and her advice for lawyers looking to move into the area.

NSW introduces combined Succession & Probate Lists: Key Updates

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NSW introduces combined Succession & Probate Lists: Key Updates

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

REVEALED: The College’s most popular on-demand CPD short courses for 2024

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REVEALED: The College’s most popular on-demand CPD short courses for 2024

To prepare you for what’s next, let’s unpack the College of Law’s 5 most popular on-demand CPD Digital Subscription courses. It’s the best way to keep your skills sharp – and your mind engaged.

From procrastination to passion

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From procrastination to passion

Overcoming procrastination is quite simple: passion. There must be an internal desire, not dependent on anything except ourselves. That’s why we enable our learners to choose the courses and practice areas that matter most to them - from family law to advocacy - we’re helping lawyers reclaim their power and focus on the areas that they are passionate about.

Your Guide to a Career in Legal Operations

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Your Guide to a Career in Legal Operations

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Nationally Accredited Mediator Training Course Guide

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Nationally Accredited Mediator Training Course Guide

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

Dispute Resolution Postgraduate Programs Course Guide

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Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Defining success in life and law

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Defining success in life and law

What does it mean to be successful? Her Honour Magistrate Michelle Harries, former Assistant Director and lecturer at the College of Law WA, shares her insights at the PLT Excellence Awards Evening. The following is an extract from Her Honour’s speech.

What’s so special about specialising? The ins and outs of becoming a specialist lawyer

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What’s so special about specialising? The ins and outs of becoming a specialist lawyer

Becoming a specialist can be a smart career move. It’s a pathway to new knowledge, opportunities and challenges. But it’s also a commitment. So is specialising the right move for you? Learn the ins, outs, and must-knows of specialising – and what you need to know before you take the leap.

Dress for success: How clothes impact your performance and power

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Dress for success: How clothes impact your performance and power

What you wear has been proven to impact how you feel and perform, it has also been shown to influence how others perceive and respond to you. Given these findings what you wear to the office, a client meeting, to court, or even a job interview, matters. Experienced style expert and author, Dijanna Mulhearn, provides her expert tips on how lawyers can take their look and feel to the next level and dress for success at work.

Graduate Certificate in International Arbitration Practice Course Guide

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Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

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Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

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Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a Master of Laws (LLM)?
 
The Graduate Certificate in Applied Law might be the answer.
 
Offering a flexible and affordable way to upskill, the Graduate Certificate is a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
5 reasons to complete your PLT even if unsure about law

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5 reasons to complete your PLT even if unsure about law

Whether you’re studying or have already completed your law degree, you may still be mulling over where you’d like your career to go. And that’s okay. But doing the PLT is a good idea regardless. Here’s why. 

How ESG will impact your area of practice in law

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How ESG will impact your area of practice in law

Four years ago, ESG (Environmental, Social and Governance) principles barely registered, even today many people are left asking – “what is ESG?”. In a nutshell ESG is a framework that is used to assess a businesses’ sustainability and ethical performance. ESG principles are an ever-growing part of doing business today. For those wanting to know more about ESG the College of Law will be holding a free ESG in Australia seminar Thursday 18th of May onsite at the College headquarters in Sydney and online. 

The future has never looked brighter: words from our CEO on the College’s big move

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The future has never looked brighter: words from our CEO on the College’s big move

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

A Lawyer's Guide to Getting Published

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A Lawyer's Guide to Getting Published

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Find purpose and fulfill your potential: How to decide which career path to pursue

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Find purpose and fulfill your potential: How to decide which career path to pursue

So how do you know what path to pursue when you don’t have a clue? Here are 6 strategies to help you find a career that’s right for you. 

Navigating Family Law Changes: Insights from the LLM Program

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Navigating Family Law Changes: Insights from the LLM Program

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

Reclaiming your career after a career break

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Reclaiming your career after a career break

Insights explores the issue of when lawyers decide to take a temporary break from the law, and what both lawyers and employers can do help experienced legal professionals return to the profession.

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

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From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

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From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

How to merge your love of music with your legal career: Chelsea's story

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How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners recognised in June ceremony

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Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

How AI is being used in Family Law

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How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to exit your job gracefully in law

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How to exit your job gracefully in law

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

6 tips to build your brand and leave a lasting impression

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6 tips to build your brand and leave a lasting impression

Here are 6 tips to help you leave a lasting impression and showcase your worth. 

When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

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When commercial acumen meets common courtesy: Ankurpreet’s LPMC story

Ankurpreet Singh was thrust into a costly commercial conflict, which made him determine to pursue a legal career. To make his dream a reality, he enrolled in the College of Law’s LPMC – where he bolstered his business competence and confidence.

How to get into Wills & Estates with Rick Christie

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How to get into Wills & Estates with Rick Christie

Rick Christie, owner of ChristieLaw and committee member of STEP NSW, had always been attracted to the personal side of wills and estates. Insights spoke to Rick about how he came to specialise in wills and estates, what advice he might have for lawyers looking to move into the area, and what role industry organisation STEP can play for lawyers keen to become specialists.

Legal Practice Management Course Queensland - Course Guide

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Legal Practice Management Course Queensland - Course Guide

Download the QLD Legal Practice Management Course Guide to learn how our program can prepare you to manage a law firm or take on a leadership role within an established practice.

Legal Practice Management Course Western Australia - Course Guide

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Legal Practice Management Course Western Australia - Course Guide

Download the WA Legal Practice Management Course Guide to learn how our course can help you meet the requirements for a Principal Practising Certificate and successfully manage a legal practice.

Australia's Legal CPD Requirements by State

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Australia's Legal CPD Requirements by State

This is your guide to Continuing Professional Development (CPD) requirements for lawyers across each Australian state. The CPD year runs from 1 April to 31 March, except for Tasmania, where it runs from 1 May to 30 April.

The differences between law school and legal practice

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The differences between law school and legal practice

Discover the key differences between law school and real-world legal practice, including handling complex cases, simplifying legal jargon, managing tight deadlines, and developing essential soft skills.

Your Guide to a Career in Property Law

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Your Guide to a Career in Property Law

Download your guide to a career in property law for everything you need to know about property law in a nutshell, the personal strengths of a property lawyer, the core expertise of a property lawyer, related areas of expertise, and the career prospects in property law.

How to Become a Partner Guide

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How to Become a Partner Guide

This guide will help you navigate the first steps towards becoming a partner. It will help you reflect on your own motivations, assess your skill set, and determine the best path forward in your career.

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