Legalese

I believe that at some time in the past, lawyers must have charged on a per word basis. It is the only explanation I have as to why attorneys use lengthy, old-fashioned and sometimes confusing jargon when talking and writing. If you can’t understand your lawyer, chances are a jury won’t either. Just because he sounds impressive, doesn’t mean he actually knows what he is talking about. Get him to explain in plain English what he is talking about and explain again if you didn’t understand.

What is even worse when a person who is not an attorney, even a very intelligent one, will try and sprinkle in words they have heard because they sound “legal.” Not only is it not needed, but if you don’t understand the words you are using, you may be saying something other than what you intend. The following list may help you decipher what an attorney might say and for attorneys to use more understandable language to get across information and assist their clients.

 

LEGALESE	PLAIN ENGLISH ALTERNATIVES
adequate number of	enough; sufficient
aforesaid	previous
all of the parties	all parties
and/or	… or… or both
anticipate	expect
as to whether (or not)	whether
at the time	when
by means of	by; through
contained in	in
contiguous to	next to; adjacent to
deems	considers
does not operate to	does not
during such time as	while
for the duration of	during
for the purpose of ___ing; with the object of ____ing	to ____
for the reason that	because
hereby; hereofhereunder; herein	by/of this ___; under this ___; in this ___
heretofore	previously
in case; in the event that	if
in lieu of	instead of
in many cases	many of; often
in order to	to
in the last analysis	finally
is (un)able to	can(not)
it is directed; it is the duty	must; shall
it is incumbent on X to	X must; X shall
literal(ly)	actual(ly); exact(ly)
loan (verb)	lend
monies	money
necessitate	require
necessity of	need to
occasion (as a verb)	cause
of a technical nature	technical
on the part of	by
possess	have; own
prior to	before
render (i.e., to give)	give
render (i.e., to cause to be)	make
said	the, that
secondly	second
subsequent to	after
such	the, that
suffer	allow
take into consideration	consider
thereby; thereofthereunder; therein	by that ___; of that ___under that ___; in that ____
to the effect that	that
transpire	happen
under the provisions of; pursuant to	under; in accordance with
until such time as	until
utilize	use, make use of
with respect to	about

-Bradley A. Coxe is a practicing attorney in Wilmington, NC who practices in Personal Injury, Car Accidents, Medical Malpractice, Contract and Real Estate disputes, and all forms of Civil Litigation.  Please contact him at (910) 772-1678.