Prior to the termination of this document, refer to the following paragraphs of which, inter alia, seek to indicate it is apparent that the utilization of plain language is exceedingly requisite in a large amount of circumstances in which your legal department is involved.
Legalese, plain language’s mean and cruel stepsister, has no place in the legal department. Or so would argue Joseph Kimble, an author and legal writing professor at Thomas M. Cooley Law School in Lansing, Michigan. In his recent blog post, “You Think Anybody Likes Legalese?”, Kimble tackles the myth that legalese is superior to conventional word choice, and he agreed to share with CorpCounsel.com some tips and thoughts on how plain language “can be just as forceful and inspiring” as its archaic, legalistic sibling.
Legalese and Legal
Kimble argues that being “understood by their readers” should be one of the top goals of an in-house legal department—when drafting contracts, memoranda, policies, or even just emails to coworkers. “It’s as important for legal departments as it is for any other lawyer,” he explained. Not causing a reader to expend unnecessary effort is a cornerstone to good legal writing. An in-house lawyer’s readers, including the CEO and other company executives, “resent writers who waste their time,” and no one likes to be resented.
“Legal departments, especially large legal departments, need to have plain language experts on board,” suggested Kimble. “It’s a skill like any others; it has to be learned.” He said that bringing in experts, or training legal staff in the skill of writing clearly, saves time and money since their work will be faster and easier to be read—as well as more likely to be read in the first place.
