Every industry has its own jargon but few reach the depths plumbed by lawyers. I’m not talking about terms with special, legal meaning like “warranty,” “deed” or “personal jurisdiction.” Those are necessary evils. I’m talking about a host of bad habits that make lawyer English nearly unrecognizable.
One trait of this self-important writing style is using ordinary words in strange ways, like “said person.” You know, saying “entered into the house of the said person” instead of, “went into his house.” Another feature is the “more is more” school of writing. Why say “hard” when you can say “problematical.” Why say “OK” when you can say “I generally concur with the proposed language, albeit, with some reservations?”
Who talks like that? Dead lawyers, and that’s part of the problem. New law students spend their impressionable first years studying gems like Marbury v. Madison. Take a look. Did you get the point of the case? Well, neither do most of the 1L’s who read it. The lesson most seem to take is this is how great lawyers write.
Note to lawyers: “same” is not a noun and “said” is not an adjective. Clear, simple writing is effective. Complex, affected legalese is not. Write simply. You can do it, it’s not problematical.
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