The perplexing style of legal documents, often derided as “legalese,” has long been a source of frustration for both legal professionals and laypeople alike. Recent studies, including one from MIT, have shed new light on why legal texts are so notoriously difficult to understand, revealing that the convoluted language serves a unique purpose beyond mere complexity.
Why Legalese Feels Like a 'Magic Spell'
A new MIT study published this week explores the hypothesis that legalese, much like ancient magic spells, is designed to convey a special sense of authority. Edward Gibson, MIT professor of brain and cognitive sciences and senior author of the study, suggests that this linguistic style is not merely a result of poor writing but a deliberate choice to imbue legal documents with a form of gravitas.
This new research reveals that the issue is not just complex sentence structures causing working-memory problems, but a cultural tendency to maintain overly complicated language in law. This new research builds on last year's empirical research, which initially identified inefficient writing techniques such as center-embedding as the main legalese issue.
In this new study, Gibson’s research team analyzed legal documents and compared them with other types of writing. They discovered that legalese often includes complex structures known as “center-embedding,” where definitions and clauses are inserted within sentences. This feature, while making documents harder to read, signals a certain authority, akin to how archaic language in magic spells conveys their power.
The study’s findings are significant for understanding why laws remain so complex. Across two preregistered experiments, participants tasked with writing official laws used more convoluted language compared to when they wrote unofficial legal texts of similar conceptual complexity. This tendency held true whether they wrote the documents from scratch or edited existing ones. These results suggest that legal language deviates from the tendency toward using convoluted structures to signify the authoritative nature of the law, albeit at the cost of readability.
Regardless of whether participants wrote laws from scratch or edited them, they used center-embedding consistently, reinforcing the idea that this style is deeply ingrained in the perception of legal language. These results suggest that legal language deviates from an archaic tendency to use convoluted structures to signify the authoritative nature of the law, albeit at the cost of readability.
The arguments that legal language is maintained in its complex form due to tradition or to convey a sense of authority are not valid when they result in a significant gap between lawyers and users. These reasons fail to justify the persistent barriers to understanding that alienate those who need to interact with legal documents, making it essential to prioritize clarity and accessibility over outdated practices. Interestingly, even lawyers themselves recognize the shortcomings of using convoluted jargonistic language.
Even Lawyers Don’t Like Legalese
A related MIT study highlights that lawyers themselves are not fond of the convoluted style of legalese. While legal professionals are adept at interpreting and recalling information from legal documents, they find it significantly easier to understand and more appealing when the same documents are translated into "plain English." The Study found that lawyers rated plain English contracts as higher quality, more likely to be signed by clients, and just as enforceable as traditional legalese.
Interestingly, the preference for plain-language contracts and their perceived enforceability suggest that lawyers may rely on old, convoluted templates out of habit or convenience. This aligns with the “copy-and-paste” hypothesis, which posits that lawyers often use preexisting templates laden with archaic language because it is easier and cheaper than drafting simpler documents from scratch. Empirical research supports this, showing that lawyers frequently adhere to established templates due to both cost considerations and a training emphasis on precedent.
However, this practice does not serve the best interests of clients. Instead of copying and pasting outdated templates, clients should advocate for lawyers to work smarter by crafting contracts that are genuinely easier to understand and use for everyone involved. Relying on convoluted, archaic language does not reflect well on the profession and fails to meet the needs of modern clients. Emphasizing clarity and accessibility in legal documents would enhance the profession's reputation and provide a more user-friendly experience.
The Path Forward with Legal Design
The Legal design methodology offers a powerful approach to addressing the issues inherent in legalese. By shifting the mindset towards user-centricity, legal design focuses on making legal texts understandable and usable not just for lawyers, but also for business people, stakeholders, and the general public. This approach involves optimizing the language to ensure clarity and accessibility, and visualizing complex concepts to make them clearer and more engaging.
Legal design methods emphasize the importance of creating documents that are not only legally sound but also user-friendly. This involves breaking down complex language, utilizing plain language, and also incorporating visual elements to enhance comprehension and streamlining document layouts to maximize engagement. By adopting a user-centric approach, legal design can transform legal documents into tools that facilitate better understanding and interaction, bridging the gap between the law and its users.
Here are five practical strategies we teach in our signature contract and legal design course:
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Reevaluate Legal Practices and Mindsets: Legal professionals should move away from relying on outdated templates with complex language. Instead, they should strive to craft documents that are both effective and accessible, reflecting a commitment to clearer communication and better client service. Emphasizing user-centricity in document design ensures that legal texts are not only accurate but also understandable and user-friendly, bridging the gap between legal professionals and their clients. It's a change of mindset.
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Simplify Language for Clarity and Readability Legal texts should be simplified by breaking down complex clauses and using clearer language. This approach will enhance readability and comprehension, making legal documents more user-friendly. The goal should be to create documents that are easily understood by all readers, not just legal experts. This involves using straightforward language and avoiding convoluted structures that hinder understanding.
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Streamline the Document Layout For Legibility: To improve the readability of legal documents, it's essential to streamline their layout. This involves using clear headings, bullet points, and concise paragraphs to break down information into easily digestible chunks. Organizing content with a logical flow helps readers navigate the document with ease. Implementing a consistent format throughout the document, such as standardized fonts and spacing, enhances legibility and reduces cognitive load. Tools like tables of contents, section dividers, and clear numbering systems also aid in guiding readers through the document, making it more user-friendly and less overwhelming, especially in lengthy or complex texts.
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Use Visuals for Complex Concepts and Processes: Incorporating visuals can significantly enhance the comprehension of complex legal concepts and processes. Diagrams, flowcharts, and infographics can translate intricate information into more understandable and engaging formats. For example, a flowchart can illustrate the steps in a legal procedure, while an infographic can highlight key data points or concepts. These visual aids not only make the information more accessible but also help users quickly grasp and retain critical details. By integrating visuals effectively, legal documents can be made more intuitive and easier to navigate, addressing the inherent challenges posed by dense, text-heavy content.
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Enhance Document Navigation to Maximize Information Retrieval: Moreover, implementing user-friendly navigation tools like a fixed table of contents, hyperlinks, and searchable text allows readers to easily locate specific sections and understand the document’s structure. This approach not only streamlines the reading process but also improves overall usability, making it easier for users to find and comprehend critical information.
By adopting legal visualization techniques, legal professionals can improve the usability of legal documents and enhance their overall reputation in the field. Understanding these linguistic patterns and applying legal design principles could pave the way for more comprehensible legal texts in the future, ultimately benefiting both legal professionals and the public by reducing barriers to understanding and accessing legal information.
Our training programs have been highly effective in teaching legal professionals how to use these techniques successfully. The inclusion of hands-on materials and practical guidance, combined with personalized feedback, has led to notable improvements in how legal documents are presented. Many case studies from inside our courses and programs showcase the positive impact of integrating visuals in legal documentation, highlighting enhanced clarity and user engagement.
Whether you're a legal professional or someone who's interested in contributing to the accessibility of legal information, legal design and visualization is a great skill to acquire. If you're serious about enhancing legal documents and the overall legal service delivery with visuals, take our hands-on training with our Visual Lawyer Bootcamp. The next cohorts starts soon!
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