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Even lawyers do not like legalese.

Eric Martínez1, Francis Mollica2, Edward Gibson1

  • 1Brain and Cognitive Sciences, Massachusetts Institute of Technology, Cambridge, MA 02139.

Proceedings of the National Academy of Sciences of the United States of America
|May 30, 2023
PubMed
Summary

Legal writing is often complex due to tradition, not preference. Simplifying legal documents is feasible and benefits both lawyers and the public.

Keywords:
cognitive scienceempirical legal studiesexperimental jurisprudencelaw and psychologypsycholinguistics

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Area of Science:

  • Legal Studies
  • Cognitive Psychology
  • Linguistics

Background:

  • Written laws are fundamental to modern society.
  • Legal documents are notoriously difficult for the public to comprehend.
  • The complexity of legal writing, or 'legalese,' poses a barrier to understanding.

Purpose of the Study:

  • To investigate the reasons behind the complex writing style used in legal documents.
  • To test hypotheses explaining why lawyers employ a 'legalese' register.
  • To evaluate the impact of simplified legal language on comprehension and enforceability.

Main Methods:

  • Conducted two preregistered experiments involving lawyers and laypeople.
  • Experiment 1 compared comprehension and recall of complex 'legalese' versus simplified legal text.
  • Experiment 2 assessed lawyers' perceptions of enforceability and preference for simplified versus legalese contracts.

Main Results:

  • Lawyers, similar to laypeople, demonstrated reduced comprehension and recall of complex legal text.
  • Simplified contracts were rated as equally enforceable as legalese contracts by lawyers.
  • Lawyers found simplified contracts preferable in terms of quality, style, and client acceptance.

Conclusions:

  • The complex style of legal writing appears to stem from convenience and tradition rather than a deliberate preference.
  • Simplifying legal documents is a practical approach that offers significant benefits.
  • Accessible legal language would improve understanding and compliance for all individuals.