The Importance of Clear Language in Legal Drafting

Lawyers employ the specialised writing style of "legal drafting" to produce legal documents including contracts, agreements, and other types of legal instruments. Legal writing frequently uses complicated, technical language that uses specialised legal phrases and notions that are difficult for laypeople to comprehend. Nonetheless, it is impossible to exaggerate the value of concise language in legal composition. In this post, we'll look at the importance of using plain language in legal drafting as well as several strategies for doing so. 

Why Is Using Clear Language in Legal Writing Important? 

1. Clarity Encourages Understanding: The purpose of legal papers is to explain difficult legal terms and concepts to non-lawyers. Legal documents' meanings and conditions are simpler for non-lawyers to comprehend when they are written in straightforward language. This is crucial when drafting legal papers like consumer contracts that the general public will utilise.

2. Clarity Reduces Ambiguity: Vague language used in legal drafting might cause misunderstandings and legal issues. Utilizing precise and unambiguous language when preparing legal documents lowers the possibility of misconceptions and makes it simpler to enforce the terms and provisions of the document. 

3. Clarity Encourages Openness: Clarity encourages transparency in legal drafting. It is simpler for parties to comprehend their legal rights and duties when legal papers are stated in simple language. This fosters equity and lessens the possibility of one party taking advantage of another.

4. Clarity Enhances Professionalism: Employing precise, short language when preparing legal documents indicates professionalism and attention to detail. It demonstrates that the solicitor is devoted to generating excellent legal papers and that they take their profession seriously. 

How Can Legal Drafting Be Made More Clear? 

1. Employ Clear Language: Using plain language is one of the best strategies to ensure clarity in legal drafting. A writing style known as "plain language" employs straightforward, understandable language that is basic, clear, and succinct. Attorneys should refrain from employing specialised language that non-lawyers might not understand.

2. Employ Short Sentences: Especially when discussing legal topics, lengthy and complicated words might be hard to grasp. Attorneys must to utilise simple, concise language that are simple to read and comprehend. Also, they should refrain from adding extraneous words or phrases that might confuse the text. 

3. Employ the Active Voice: The active voice can assist to make a sentence's meaning more clear. The active voice draws attention to the sentence's subject and makes it apparent who is in charge of carrying out the activity. The passive voice, on the other hand, might be vague and can make it challenging to identify the action's perpetrator. 

4. Employ Headings and Subheadings: By breaking up long passages of text with headings and subheadings, you may make the legal document simpler to read and comprehend. Headings and subheadings should be precise representations of the section's content that are both clear and succinct.

5. Provide Examples: Examples can be used to clarify and simplify difficult legal ideas. Real-world examples that are pertinent to the parties concerned in the legal document should be used by attorneys. 

6. Steer Clear of Double Negatives: Double negatives can be perplexing and challenging to comprehend. Double negatives should be avoided by attorneys in favour of positive language.

 

7. Defining Technical Words: To make sure that all parties are on the same page when utilising technical terms in legal drafting, attorneys should define the terminology. This is crucial when dealing with legal ideas that non-lawyers might not be familiar with. 

Legal writing must use plain language. It boosts professionalism, fosters transparency, reduces uncertainty, and fosters understanding. The use of simple language, concise sentences, active voice, headers and subheadings, examples, avoiding double negatives, and explaining technical words are all necessary for legal drafting to be clear. To ensure that the parties involved completely understand their legal rights and duties, lawyers should work to draught legal papers that are clear, succinct, and simple to read. They may minimise misconceptions, lessen the possibility of legal conflicts, and advance justice and openness by doing this.

Conclusion 

Lawyers must keep in mind that legal drafting is about more than just demonstrating their legal knowledge. It also involves drafting legal papers that accomplish their intended goal, which is to effectively convey legal concepts and ideas to those who are not attorneys. Lawyers can prepare legal papers that are persuasive, enforceable, and clear to all parties involved by utilising straightforward language.  If you are unsure or puzzled about the procedure, keep all the elements in mind while selecting a legal drafting lawyer in Dubai. 

It is crucial to use plain language while preparing legal documents. To make their legal documents clear, succinct, and simple to comprehend, lawyers should use simple language, short sentences, active voice, headers and subheadings, examples, avoid double negatives, and define technical words. They can therefore encourage openness, lessen misconceptions, and produce legal papers that fulfil their intended function.