Legal English
Encyclopedia
Legal English is the style of English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

 used by lawyers and other legal professionals
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

 in the course of their work. It has particular relevance when applied to legal writing
Legal writing
Legal writing is a type of technical writing used by lawyers, judges, legislators, and others in law to express legal analysis and legal rights and duties.- Authority :...

 and the drafting of written material
Draft document
Drafting is the preliminary stage of a written work in which the author begins to develop a more cohesive product. A also describes the product the writer creates in the initial stages of the writing process.In the drafting stage, the author:...

, including:
  • legal documents: contracts, licences, etc.
  • court pleadings
    Pleading
    In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...

    : summons
    Summons
    Legally, a summons is a legal document issued by a court or by an administrative agency of government for various purposes.-Judicial summons:...

    es, briefs
    Brief (law)
    A brief is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail....

    , judgments, etc.
  • laws: Acts of parliament and subordinate legislation
    Legislation
    Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...

    , case reports
  • legal correspondence


Legal English has traditionally been the preserve of lawyers from English-speaking countries (especially the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

, and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

) which have shared common law traditions. However, due to the spread of English as the predominant language
Language
Language may refer either to the specifically human capacity for acquiring and using complex systems of communication, or to a specific instance of such a system of complex communication...

 of international business
International Business
International business is a term used to collectively describe all commercial transactions that take place between two or more regions, countries and nations beyond their political boundary...

, as well as its role as a legal language within the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, legal English is now a global phenomenon
Phenomenon
A phenomenon , plural phenomena, is any observable occurrence. Phenomena are often, but not always, understood as 'appearances' or 'experiences'...

. It is also referred to casually as lawspeak or legalese.

Historical development

Modern legal English is based on standard English
Standard English
Standard English refers to whatever form of the English language is accepted as a national norm in an Anglophone country...

. However, it contains a number of unusual features. These largely relate to terminology
Terminology
Terminology is the study of terms and their use. Terms are words and compound words that in specific contexts are given specific meanings, meanings that may deviate from the meaning the same words have in other contexts and in everyday language. The discipline Terminology studies among other...

, linguistic structure, linguistic conventions, and punctuation
Punctuation
Punctuation marks are symbols that indicate the structure and organization of written language, as well as intonation and pauses to be observed when reading aloud.In written English, punctuation is vital to disambiguate the meaning of sentences...

, and have their roots in the history of the development of English
History of the English language
English is a West Germanic language that originated from the Anglo-Frisian dialects brought to Britain by Germanic invaders from various parts of what is now northwest Germany and the Netherlands. Initially, Old English was a diverse group of dialects, reflecting the varied origins of the...

 as a legal language.

In prehistoric Britain
Prehistoric Britain
For the purposes of this article, Prehistoric Britain is that period of time between the first arrival of humans on the land mass now known as Great Britain and the start of recorded British history...

, traditional common law was discussed in the vernacular since time immemorial
Time immemorial
Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...

 – see Celtic law
Celtic law
A number of law codes have in the past been in use in Celtic countries. While these vary considerably in details, there are certain points of similarity....

. The legal language and legal tradition changed with waves of conquerers over the following centuries. Roman Britain
Roman Britain
Roman Britain was the part of the island of Great Britain controlled by the Roman Empire from AD 43 until ca. AD 410.The Romans referred to the imperial province as Britannia, which eventually comprised all of the island of Great Britain south of the fluid frontier with Caledonia...

 (after the conquest
Roman conquest of Britain
The Roman conquest of Britain was a gradual process, beginning effectively in AD 43 under Emperor Claudius, whose general Aulus Plautius served as first governor of Britannia. Great Britain had already frequently been the target of invasions, planned and actual, by forces of the Roman Republic and...

 beginning in AD 43) followed Roman legal tradition, and its legal language was Latin. Following the Roman departure from Britain circa 410 and the Anglo-Saxon invasion of Britain, the dominant tradition was instead Anglo-Saxon law
Anglo-Saxon law
Anglo-Saxon law is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early Scandinavian law and continental Germanic law, descended from a family of ancient Germanic custom and legal thought...

, which was discussed in the Germanic vernacular (Anglo-Saxon, Old English), and written in Old English since circa 600, beginning with the Law of Æthelberht
Law of Æthelberht
The Law of Æthelberht is a set of legal provisions written in Old English, probably dating to the early 7th century. It originates in the kingdom of Kent, and is the first Germanic-language law code...

. Following the Norman invasion of England in 1066
Norman conquest of England
The Norman conquest of England began on 28 September 1066 with the invasion of England by William, Duke of Normandy. William became known as William the Conqueror after his victory at the Battle of Hastings on 14 October 1066, defeating King Harold II of England...

, Anglo-Norman French
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....

 became the official language of legal proceedings in England for a period of nearly 300 years (and continued in minor use for another 300 years), while Latin was used for written records for over 650 years. Some English technical terms were retained, however; see Anglo-Saxon law: Language and dialect for details.

In legal pleadings, Anglo-Norman developed into Law French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...

, from which many words in modern legal English are derived. These include property, estate, chattel, lease, executor, and tenant. The use of Law French during this period has an enduring influence on the general linguistic register
Register (linguistics)
In linguistics, a register is a variety of a language used for a particular purpose or in a particular social setting. For example, when speaking in a formal setting an English speaker may be more likely to adhere more closely to prescribed grammar, pronounce words ending in -ing with a velar nasal...

 of modern legal English. It also accounts for some of the complex linguistic structures employed in legal writing. In 1363, the Statute of Pleading was enacted, which stated that all legal proceedings be conducted in English (but recorded in Latin). This marked the beginning of formal Legal English; Law French continued to be used in some forms into the 17th century, though it became increasingly degenerate.

From 1066, Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

 was the language of formal records and statutes, being replaced by English in the Proceedings in Courts of Justice Act 1730
Proceedings in Courts of Justice Act 1730
The Proceedings in Courts of Justice Act 1730 was an Act of the Parliament of Great Britain which made English the obligatory language for use in the courts of England and in the court of exchequer in Scotland...

. However, since only the learned were fluent in Latin, it never became the language of legal pleading or debate. The influence of Latin can be seen in a number of words and phrases such as ad hoc
Ad hoc
Ad hoc is a Latin phrase meaning "for this". It generally signifies a solution designed for a specific problem or task, non-generalizable, and not intended to be able to be adapted to other purposes. Compare A priori....

, de facto
De facto
De facto is a Latin expression that means "concerning fact." In law, it often means "in practice but not necessarily ordained by law" or "in practice or actuality, but not officially established." It is commonly used in contrast to de jure when referring to matters of law, governance, or...

, bona fide
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...

, inter alia, and ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...

, which remain in current use in legal writing – see Legal Latin.

Common law

Note further that the system of law inherited by the English-speaking nations, the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

, is based on tradition, and, for the most part of its history, was never written down, and still, to some extent, remains uncodified; this tradition has been passed down in actual practice and in the vernacular since time immemorial
Time immemorial
Time immemorial is a phrase meaning time extending beyond the reach of memory, record, or tradition, indefinitely ancient, "ancient beyond memory or record"...

. Another consideration is that the fundamental law of the two major powers of the English speaking world, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, was established long before the fundamental laws of most civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...

 nations, and therefore, many documents of present legal importance were written in archaic English.

Style

David Crystal
David Crystal
David Crystal OBE FLSW FBA is a linguist, academic and author.-Background and career:Crystal was born in Lisburn, Northern Ireland. He grew up in Holyhead, North Wales, and Liverpool, England where he attended St Mary's College from 1951....

 (2004) proposes a stylistic influence upon English legal language. During the Medieval period lawyers used a mixture of Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...

, French
Anglo-Norman language
Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....

 and English. To avoid ambiguity lawyers often offered pairs of words
Legal doublet
A legal doublet is a standardized phrase used frequently in English legal language which consists of two or more words which are near synonyms. The origin of the doubling — and sometimes even tripling — often lies in the transition of legal language from Latin to French. Certain words were simply...

 from different languages. Sometimes there was little ambiguity to resolve and the pairs merely gave greater emphasis, becoming a stylistic habit. This is a feature of legal style that continues to the present day. Examples of mixed language doublets are: "breaking and entering" (English/French), "fit and proper" (English/French), "lands and tenements" (English/French), "will and testament" (English/Latin). Examples of English-only doublets are: "let and hindrance", "have and hold."

Modern English vocabulary draws significantly from Germanic languages, French and Latin, the latter often by way of French. These vocabularies are used preferentially in different registers, with words of French origin being more formal than those of Germanic origin, and words of Latin origin being more formal than those of French origin. Thus, the extensive use of French and Latin words in Legal English results in a relatively formal style.

Further, legal English is useful for its dramatic effect: for example, a subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...

 compelling a witness to appear in court often ends with the archaic threat "Fail not, at your peril"– the "peril" isn't described (being arrested and held in contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...

) but the formality of the language tends to have a stronger effect on the recipient of the subpoena than a simple statement like "We can arrest you if you don't show up."

Key features

As noted above, legal English differs from standard English in a number of ways. The most important of these differences are as follows:
  • Use of terms of art
    Technical terminology
    Technical terminology is the specialized vocabulary of any field, not just technical fields. The same is true of the synonyms technical terms, terms of art, shop talk and words of art, which do not necessarily refer to technology or art...

    . Legal English, in common with many other professional languages variations, employs a great deal of terminology that has a technical meaning and is not generally familiar to the layman
    Layman
    A layperson or layman is a person who is not an expert in a given field of knowledge. The term originally meant a member of the laity, i.e. a non-clergymen, but over the centuries shifted in definition....

     (e.g. waiver
    Waiver
    A waiver is the voluntary relinquishment or surrender of some known right or privilege.While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted...

    , restraint of trade
    Restraint of trade
    Restraint of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. In an old leading case of Mitchell v Reynolds Lord Smith LC said,...

    , restrictive covenant
    Restrictive covenant
    A restrictive covenant is a type of real covenant, a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do something. Such restrictions frequently "run with the land" and are enforceable on subsequent buyers of the property...

    , promissory estoppel
    Estoppel
    Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...

    ).
  • Extensive use of words and phrases derived from French and Latin.
  • Use of ordinary words in apparently peculiar contexts. For example, the familiar term consideration
    Consideration
    Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from...

     refers, in legal English, to contract
    Contract
    A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...

    s, and means, an act, forbearance or promise by one party to a contract that constitutes the price for which the promise of the other party is bought (Oxford Dictionary of Law). Other words often used in peculiar contexts in legal English include construction, prefer, redemption, furnish, hold, and find.
  • Lack of punctuation
    Punctuation
    Punctuation marks are symbols that indicate the structure and organization of written language, as well as intonation and pauses to be observed when reading aloud.In written English, punctuation is vital to disambiguate the meaning of sentences...

    . One aspect of archaic legal drafting – particularly in conveyances and deed
    Deed
    A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...

    s – is the conspicuous absence of punctuation. This arose from a widespread idea among those in the legal profession that punctuation was ambiguous and unimportant, and that people should gather the meaning of legal documents only from the words used and the context in which they were used. In modern legal drafting, punctuation is used to give clarification about meaning
    Meaning (linguistics)
    In linguistics, meaning is what is expressed by the writer or speaker, and what is conveyed to the reader or listener, provided that they talk about the same thing . In other words if the object and the name of the object and the concepts in their head are the same...

    .
  • Use of doublets and triplets
    Legal doublet
    A legal doublet is a standardized phrase used frequently in English legal language which consists of two or more words which are near synonyms. The origin of the doubling — and sometimes even tripling — often lies in the transition of legal language from Latin to French. Certain words were simply...

    . There is a curious historical tendency in legal English to string together two or three words to convey what is usually a single legal concept. Examples of this include null and void, fit and proper, (due) care and attention, perform and discharge, terms and conditions, dispute, controversy or claim, and promise, agree and covenant. Such constructions must be treated with caution, since sometimes the words used mean, for practical purposes, exactly the same thing (null and void); and sometimes they do not quite do so (dispute, controversy or claim).
  • Unusual word order
    Word order
    In linguistics, word order typology refers to the study of the order of the syntactic constituents of a language, and how different languages can employ different orders. Correlations between orders found in different syntactic subdomains are also of interest...

    . At times, the word order used in legal documents appears distinctly strange. For example, the provisions for termination hereinafter appearing or will at the cost of the borrower forthwith comply with the same. There is no single clear reason explaining this phenomenon, although the influence of French grammatical structures
    French grammar
    French grammar is the grammar of the French language, which is similar to that of the other Romance languages.French is a moderately inflected language...

     is certainly a contributing factor.
  • Use of unfamiliar pro-form
    Pro-form
    A pro-form is a type of function word or expression that stands in for another word, phrase, clause or sentence where the meaning is recoverable from the context...

    s. For example, the same, the said, the aforementioned etc. The use of such terms in legal texts is interesting since very frequently they do not replace the noun – which is the whole purpose of pro-forms – but are used as adjectives to modify the noun. For example, the said John Smith.
  • Use of pronominal adverbs. Words like hereof, thereof, and whereof (and further derivatives, including -at, -in, -after, -before, -with, -by, -above, -on, -upon etc) are not often used in ordinary English. They are used in legal English primarily as a way of avoiding the repetition of names of things in the document – very often, the document itself. For example, the parties hereto instead of the parties to this contract.
  • -er, -or, and -ee name endings. Legal English contains a large number of names and titles, such as employer and employee, or lessor and lessee, in which the reciprocal and opposite nature of the relationship is indicated by the use of alternative endings. This practice derives from Latin.
  • Use of phrasal verbs. Phrasal verbs play a large role in legal English, and are often used in a quasi-technical sense. For example, parties enter into contracts, put down deposits, serve [documents] upon other parties, write off debts, and so on.

Education

Due to the prevalence of the English language in international business relations, as well as its role as a legal language within the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

, a feeling has existed for a long period in the international legal community that traditional English language training is not sufficient to meet lawyers’ English language requirements. The main reason for this is that such training generally ignores the ways in which English usage may be modified by the particular demands of legal practice – and by the conventions of legal English as a separate branch of English in itself.

As a result thereof, non-native English speaking legal professionals and law students are increasingly seeking specialist training in legal English, and such training is now provided by a number of firms which focus exclusively on legal language.

Further reading

  • [ec.europa.eu/translation/writing/...guides/english/style_guide_en.pdf], European Commission Legal English Guide.
  • Swiss Legal English Dictionary, translator for German-English, dictionary for legal language used in Switzerland, aimed at the practising lawyer.
  • David Crystal
    David Crystal
    David Crystal OBE FLSW FBA is a linguist, academic and author.-Background and career:Crystal was born in Lisburn, Northern Ireland. He grew up in Holyhead, North Wales, and Liverpool, England where he attended St Mary's College from 1951....

    's The Stories of English (Penguin Books, 2004), Part 7.4.
  • Bryan Garner’s Dictionary of Modern Legal Usage (Oxford University Press) is regarded as an authoritative guide to legal language, and is aimed at the practising lawyer.
  • Peter Butt and Richard Castle’s Modern Legal Drafting is a reference book aimed at the practising lawyer.
  • Rachel Corder's Legal Training course "Legal English" with Euromoney Training in the UK
  • Mark Adler’s Clarity for Lawyers (2nd edn, The Law Society, 2006).
  • Maria Fraddosio, New ELS: English for Law Students (Naples, Edizioni Giuridiche Simone, 2008) is a course book for Italian University Students.
  • Dena Falken, Legal-Ease International
  • The oxford Oxford Handbook of Legal Correspondence (2006) by Rupert Haigh and published by Oxford University Press.
  • For a humorous perspective on legalese, see Daniel R. White's Still The Official Lawyer's Handbook (NY: Plume/Penguin 1991), Chapter 13, pp. 171-176, especially its notorious riff on how a lawyer might edit -- and torture -- the phrase "The sky is blue" (pp. 172-174). Similarly, see Professor Fred Rodell's "Goodbye to Law Reviews," whose opening lines contain the classic statement of the problem: "There are two things wrong with almost all legal writing. One is its style. The other is its content." (This and other articles are collected in Trials and Tribulations -- An Anthology of Appealing Legal Humor, edited by Daniel R. White (NY: Plume/Penguin 1991), p. 241.
  • Procter and Gamble Corp. www.pg.com. 2007.
  • vlex co. 'Hoke v. United States' 2007
  • For an accelerated change of legal-language, see M Pasternak, C Rico, Tax Interpretation, Planning, and Avoidance: Some Linguistic Analysis, 23 Akron Tax Journal, 33 (2008) (http://www.uakron.edu/law/lawreview/taxjournal/atj23/docs/Pasternak08.pdf).
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