Legal jargon, even lawyers aren’t fans. A recent study reveals that legal professionals comprehend and recall legal documents written in plain English more easily than those riddled with legalese. Furthermore, they prefer simpler language for both themselves and their clients.
This new research builds upon a previous study conducted by researchers at the Massachusetts Institute of Technology (MIT). Last year, the team published a paper in which they analyzed thousands of legal contracts, comparing them to other text forms. They discovered the difficulty in understanding these documents wasn’t solely due to complex legal terms, but often stemmed from poor writing. One culprit was the overuse of “center-embedding,” a technique where lengthy word definitions are inserted mid-sentence. Unsurprisingly, they also found that laypeople struggled more with legalese-filled documents compared to those in plain English.
Lawyers’ Comprehension and Preference for Simplified Language
Published in PNAS, the new research sought to understand why lawyers use so much jargon. The researchers recruited over 100 lawyers and tasked them with the same exercises given to non-lawyers in the earlier study.
While lawyers performed better than non-lawyers, averaging 45% on a recall test for legalese-filled documents versus the non-lawyer average of 38%, their scores jumped to over 50% with simplified versions. “Lawyers are much better at reading these contracts, whether in plain English or legalese, understanding them, and answering questions about them. However, they have a much harder time with the legalese, just like regular people,” explained Edward Gibson, senior study author and MIT professor of brain and cognitive sciences.
Simpler Documents Deemed Higher Quality
In a separate experiment with another 100 lawyers, participants evaluated documents with and without legalese based on various criteria. Lawyers consistently rated the simpler documents as higher quality while maintaining equal legal enforceability. They also expressed a preference for signing and using simpler versions for themselves and their clients, and indicated a higher likelihood of hiring someone who wrote in plain English over someone using more convoluted language.
Debunking the Jargon Myth
The researchers had considered several hypotheses for the prevalence of jargon in the legal field. One was that lawyers, accustomed to using jargon, might be unaware of its difficulty for others. However, this theory was contradicted by the study’s findings. A remaining possibility is the habit of copying and pasting legal jargon from one contract to the next, perhaps assuming it ensures enforceability.
Benefits of Clear Legal Language
Ultimately, the study authors advocate for simpler legal language, benefiting all parties involved. “Contrary to previous speculation, these results suggest that lawyers who write in a convoluted manner do so as a matter of convenience and tradition as opposed to an outright preference and that simplifying legal documents would be beneficial for lawyers and non-lawyers alike,” they concluded.
