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Lawyer Language (From The Litigation Manual, P 317-322, 1989, John G Koeltl, ed. -- See NCJ-117323)

NCJ Number
117343
Author(s)
R Goldfarb
Date Published
1989
Length
6 pages
Annotation
Legal professionals typically use language that is esoteric, old-fashioned, stilted, and poorly structured. Attorneys and judges should acknowledge this problem and learn and relearn the fundamentals of good writing.
Abstract
According to law professor David Melinkoff, legal language fails to communicate to persons in contemporary societies because legal language comes from an archaic etymological melting pot consisting of Celtic, Saxon, Jute, Danish, German, French, and Latin. This archaic language leads to awkward jargon. Jargon combines with clumsy and complex syntax that obscures rather than clarifies the intent of legal documents and communication. When lawyers become public officials and make and interpret the law as judges and legislators, they institutionalize the archaic and esoteric legal language uncommon to contemporary public communication. Part of the problem is that no one dares to challenge judges' writing styles. Legal professionals must examine their language use and writing styles with a view toward developing a contemporary vocabulary and simplified writing style that serves the public's understanding of legal documents, communications, and proceedings.

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