In the legal world, words matter a lot. The specific terminology used in legal writing often appears complex, obscure, or overly formal to the general public. This specialized language is known as legalese. Legalese words are widely used in contracts, court documents, statutes, and legal arguments, and while they may serve precision and tradition, they often make legal texts difficult to understand for non-lawyers. Recognizing common examples of legalese words and understanding their meanings can help bridge the gap between legal professionals and everyday citizens.
What Is Legalese?
Legalese refers to the formal and technical language commonly used in the field of law. It includes words, phrases, and expressions that are rarely used in everyday speech but remain entrenched in legal systems for the sake of clarity, tradition, or precedent. While legalese aims to maintain exactness and minimize ambiguity, its complexity can be a barrier to comprehension for many readers.
The Role of Legalese in Legal Documents
Legal documents must be precise, and this is one reason legal professionals often rely on archaic or traditional phrases. However, critics argue that legalese often obscures meaning instead of clarifying it. Legal reform advocates encourage the use of ‘plain English’ legal writing to make laws and contracts more accessible.
Common Examples of Legalese Words
Below are some of the most frequently encountered legalese words and their meanings in plain language. Understanding these terms is useful not only for law students and professionals but also for anyone dealing with contracts, legal disputes, or official documents.
1. Hereinafter
This word is used to refer to something mentioned earlier in a legal document and means from this point forward.
- Legalese: The Company, hereinafter referred to as the Supplier…
- Plain English: The Company (called the Supplier from now on)…
2. Whereas
This term is often used at the beginning of contracts to set the stage by stating facts or intentions.
- Legalese: Whereas the Buyer desires to purchase certain goods…
- Plain English: The Buyer wants to buy specific goods…
3. Heretofore
Meaning up until now or before this point in time, this word is used to reference previous actions or conditions.
- Legalese: Heretofore the parties have conducted negotiations…
- Plain English: The parties have already negotiated…
4. Notwithstanding
This word introduces an exception or contradiction. It means in spite of or regardless of.
- Legalese: Notwithstanding the above, Clause 6 shall remain in effect.
- Plain English: Despite what was previously stated, Clause 6 still applies.
5. Therein
This word means in that or in the thing just mentioned. It’s often used to refer to a previous section or document.
- Legalese: Refer to Section 2 for the details contained therein.
- Plain English: See Section 2 for those details.
6. Forthwith
Meaning immediately or without delay, this term is used to indicate urgency or prompt action.
- Legalese: The Tenant shall vacate the premises forthwith.
- Plain English: The Tenant must leave the property immediately.
7. Ab initio
This Latin phrase means from the beginning. It is often used to declare a contract or agreement void from its inception.
- Legalese: The contract was void ab initio.
- Plain English: The contract was invalid from the start.
8. Inter alia
Also Latin, this phrase means among other things. It’s used to refer to some, but not all, components or points in a document.
- Legalese: The agreement includes, inter alia, confidentiality provisions.
- Plain English: The agreement includes, among other things, rules about confidentiality.
9. Party of the first part / Party of the second part
These phrases identify the people or entities involved in a legal agreement, often instead of using names repeatedly.
- Legalese: This Agreement is made between the Party of the First Part and the Party of the Second Part…
- Plain English: This Agreement is made between Smith Corporation and Jones Enterprises…
10. In witness whereof
This traditional legal phrase usually appears at the end of legal agreements, signaling that the parties are signing in confirmation.
- Legalese: In witness whereof, the parties have executed this Agreement…
- Plain English: To confirm, the parties have signed this Agreement…
Why Legalese Still Persists
Despite efforts to simplify legal language, many legal professionals continue to use legalese for various reasons:
- Tradition: Legal writing is rooted in centuries of tradition, including Latin phrases and formal constructs.
- Precision: Legalese aims to eliminate ambiguity by using well-established terms with specific meanings.
- Consistency: Courts often prefer standardized language to ensure consistency in interpretation and enforcement.
Challenges for the Public
Unfortunately, the persistence of legalese creates challenges for ordinary people trying to understand their rights and responsibilities. Complex contracts, dense legal notices, and unfamiliar terminology can prevent people from making informed decisions. As a result, many advocate for clearer communication and more accessible legal documents.
The Movement Toward Plain Language
The ‘plain language’ movement promotes the idea that legal documents should be written in a way that non-experts can easily understand. Governments, non-profits, and some legal professionals now aim to replace traditional legalese with everyday vocabulary and simplified sentence structures.
Examples of Plain Language Alternatives
Here are some examples of legalese expressions and how they can be rephrased in plain English:
- Cease and desist→ Stop
- In the event that→ If
- Prior to→ Before
- Pursuant to→ Under
- Subsequent to→ After
Understanding examples of legalese words helps demystify legal language and empowers individuals to better navigate legal documents. While legalese serves a function in legal writing, it often creates confusion and inaccessibility for the general public. By identifying and translating legalese into plain English, we move toward more transparent, inclusive communication. Whether you’re reading a contract or drafting a legal agreement, awareness of these terms can significantly improve comprehension and reduce misinterpretation.