Why don't solicitors use plain English?
13-May-2008
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Why don't solicitors use plain English?

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Someone wrote a gripe a while ago about solicitors fees being to high.  I'd like to elaborate on that a bit and in particular ask what exactly is it that you get for your money?

Words, that's what you get, and you get lots and lots of them.  I strongly suspect the more you pay and the more complex the legal issue, the more words you get.  We recently had a trust deed drawn up by our local solicitors when we were in the process of buying a house.  The document was five pages long and its purpose was to acknowledge the fact that my partner would own the larger share of equity arising from any future sale of the house.  It's not a big deal really.  You have to have some legal mumbo jumbo in there to lay out all the ground rules I suppose, but five pages?

hereto, hereof, hereby, hereafter, hereinafter...

Plain english, a dictionary

Taking a closer look at the document (yes, we always do that once we've signed it don't we?) I can see why it is so lengthy.  Frequently dropping in rarely used and confusing words serves to pad the whole thing out as far as I can see.  Words such as hereto, hereof, hereby, hereafter, hereinafter, forthwith, whereas, witnesseth, pursuant etc. are scattered nonchalantly throughout the text, presumably it makes it sound more impressive to other solicitors!

Although not an "A" student by any means, I consider that I have a half reasonable grasp of the English language yet I had to read some parts of this document several times before I completely understood what was meant.  Goodness knows what a person who didn't make it through school would cope with it.

Just for fun counted the number of times "hereto" was repeated and it was at least 15 times; hereby and hereof were repeated almost as frequently.  The last sentence was the best though, it read "IN WITNESS whereof the hands of the parties hereto the day and year first before written."

Hmmm...  Good one that, fortunately the blank boxes for the signatures kind of gave it away!

So in this day and age of ultrafast communication isn't it about time that legal documents were updated as well?  Come on all you solicitors and legal folks, I hereby ask you to please consider using plain English forthwith!


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That's easy! It's because they don't want to anyone else, outside of their professional circle, to know what they mean. It's called 'legal mafia' and it rules the world.
*senchi  07-Mar-2008 16:53

 
I had the opposite problem with a so called professional solicitor who did the conveyancing on one of my properties. She used to send me e-mails starting with 'hi'. I am quite informal but having never even met this woman I felt this was totally inappropriate. I could possibly have forgiven the 'hi' if the emails and even her letters had not been full of spelling and grammatical errors. This from someone who charged out her time at over £100 an hour!
*MikeP  05-Mar-2008 23:06

 
Ask who are the real Crooks :

LOL ! Very funny indeed !
*Nikki  05-Mar-2008 13:58

 
You're quite right. I spent over 20 years in practice as a "plain language" solicitor before retiring. If you want some material to help persuade your solicitors to mend their ways look at www.adler.demon.co.uk. And if you contact me on adler@adler.demon.co.uk I can send you a specimen trust memo.
*Mark Adler  05-Mar-2008 07:07

 
Hereinafter the parties to the first cause agree pursuant to their claim

40% to party Aa, 25% to party Bb and 35% Solicitors Bloggins and Bustards.
*Ask who are the real crooks  05-Mar-2008 06:27

 
Chill out folks. It's not that big a deal realy, I was merely pointing out something that was obvious and a little bit of a nuisance. Solicitors have a job to do, I'm sure they don't rip you off any more than say, estate agents, banks, double glazing salesmen etc. etc.

Hmmm.... fair point!
*Anonymous  04-Mar-2008 19:19

 
I'm not making excuses !!

Just merely pointing out the facts ... that during a court case with a jury, the Judge should explain to the jury exactly what the case is about etc. etc., and if any juror was bewildered by legal jargon, he only had to ask for an explanation! To my knowledge, Judges don't make a charge for this !
*Nikki  04-Mar-2008 19:06

 
Nikki, don't use tradition as an excuse to rip people off. People are probably too scared to ask for an explanation of the terms used cos' it would cost another arm or leg for the letter.
*Nick  04-Mar-2008 17:49

 
It seems obvious to me that they use these terms to confuse you and make you think they are earning the huge fees that they charge for actually doing very little.
*Nick  04-Mar-2008 17:45

 
If it's any comfort I am a legal secretary and get bewildered sometimes! The Law in this country is still very old fashioned in its terminology and ways of doing things. It is part of the tradition of our country. But no solicitor should ever refuse or be unwilling to explain to their Clients what the legal jargon means.

A Judge normally explains very carefully to a jury the exact meaning of a particular case, what happened, what is expected of them etc. etc. Although I have never worked in criminal law, presumably a juror can always ask for clarification on a point of law or on something he does not understand, either directly in person or through the nominated spokesperson?
*Nikki  04-Mar-2008 17:45

 
Solicitors use the language because it usually goes to another solicitor. Its like a secret code and they don't want regular people picking up on it. Its part of doing their job. I was a victim of a violent crime some ten years ago and that very language got the criminal who did it half the sentence they deserved. I was told it was 'lawyer jargon' but the words they used made a big difference in how the jury saw the case. Had layman's terms been used, according to another lawyer, the jury might have better understood the severity of the crime. I think they were muddled under legal mumbojumbo and even to me it was confusing. I wonder if there is somewhere you can go to have things 'translated' from legal English to everyday English... It might not have helped me, but it might help others dealing with divorce, property, or other more common legal situations.
*Anonymous  04-Mar-2008 14:56


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