Quite a long time ago now I wrote a piece on the importance of lawyers, and other professionals, using intelligable language when communicating with their clients, and indeed lay people in general. My piece was called We’re all Really Interpreters and I was reminded of it by a radio discussion by Michael Rosen in the Word of Mouth series, which was on Radio 4 on 22.1.19 and will be available on their Sounds app for the next year or so.
He was talking to the family barrister Lucy Reed who blogs as Pink Tape and to an academic, Dr Laura Wright, and they agreed that the law uses a lot of unusual language that many people find hard to understand properly. This is one of Lucy’s hobby horses, as she is a leading light in The Transparency Project, which is campaigning to make things clearer, especially in the Family Courts.
Lucy has written a piece on this subject, called, somewhat more forcefully than mine, Why Do Lawyers Talk Legalese? and there is a link to it here. She explains some of the code that might puzzle the unwary layman. It’s well worth reading, and indeed following.
But it’s also important to remember that the Law, like Medicine, or Rocket Science, is a complicated technical subject, and it is impossible to eliminate all technical language, and silly to try to do so. In order to express things with the clarity that we need, lawyers have to be able to use some technical language from time to time, or we can’t do our job properly. What is wrong, and to be avoided, is using it too often, and to the wrong people.
When you get down to it, confusing language usually indicates confused thought. If you understand something properly then you should be able to explain it, at various levels of complexity, to anybody. If you can’t then you may well not know what you are talking about. If you know what I mean.