Have you ever tried to read a court ruling and felt like you were decoding an ancient manuscript? You’re not alone. Legal writing is notorious for being dense, overly complex, and filled with words no normal person uses in real life. Why don’t judges write in simple language?
But here’s what’s even wilder: every time a judge dares to write in simple language, it’s treated as a radical act.
It’s baffling. The entire legal system exists to serve the public. However, when judges write in a way the public can understand, half the legal community acts like the sky is falling.
The Problem With Legal Writing
Judicial decisions should be clear—period. A court ruling affects real people, often in high-stakes situations like custody battles, criminal sentencing, or financial disputes. If those people can’t understand what’s happening, what’s the point?
And yet, legal documents are still clogged with outdated phrases, passive voice, and mile-long sentences.
Take this real-life sentence from a court ruling:
“The within application is accordingly granted, and it is hereby ordered and adjudged that the petitioner, having established a sufficient prima facie showing, is entitled to the relief sought, subject to such conditions as shall hereinafter be specified.”
Translation?
“We’re granting the request. The petitioner provided enough evidence. The details are coming up next.”
So why not just say that?
Judges Who Get It & Write In Simple Language
Some judges are trying to write in simple language—and surprise, it’s working.
🔹 Justice Richard Posner (U.S.): A former federal judge who openly mocked legalese. He insisted that legal writing should be as clear as a newspaper article.
🔹 Justice John Sopinka (Canada): Advocated for cutting the fluff and making legal rulings understandable. He even wrote a book on how to improve legal writing.
🔹 Justice David Paciocco (Canada): Known for his sharp, transparent decisions that make legal concepts digestible for the average person.
But despite these examples, the vast majority of legal writing still reads like it was written for a medieval courtroom.
The Hidden Cost of Legalese (Write In Simple Language)
Legal jargon isn’t just annoying—it’s expensive. The more complex a contract, law, or ruling is to understand, the more time (and money) people have to spend hiring lawyers to decode it. That’s why we need a push for judges to write in simple language.
Some real-world consequences:
- More litigation: Unclear contracts lead to disputes and lawsuits.
- Slower courts: If judges, clerks, and lawyers struggle to interpret filings, everything drags on.
- Higher legal fees: If you need a lawyer to understand your rights, you pay for unnecessary billable hours.
A UK Office of Fair Trading study found that simplifying contracts in the insurance industry reduced complaints and legal disputes by nearly 80%. That’s because when people understand what they’re agreeing to, they’re less likely to end up in court.
Why Legal Jargon Won’t Die (Yet)
So, if writing in simple language is better for everyone, why does legalese still exist?
A few reasons:
- Tradition: Law is an old profession, and old habits die hard. Judges have been writing this way for centuries, so many don’t question it.
- Gatekeeping: The more confusing the law is, the more people need lawyers to interpret it. That keeps the profession lucrative.
- Fear of change: Some lawyers believe simplifying language means losing legal precision. In reality, complex writing often causes more ambiguity, not less.
Writing In Simple Language Is the Future (Whether Lawyers Like It or Not)
The shift toward clear legal writing is slow, but it’s happening.
- The U.S. government requires plain language in federal documents.
- The SEC has forced financial institutions to simplify disclosures.
- The UK’s legal system is updating court procedures for clarity.
And more judges are catching on. A 2023 survey of Canadian judges found that over 60% believe legal writing should be more accessible—but many feel pressure to stick to traditional styles.
Caseway.ai: Making Legal Material More Accessible
One company tackling the legal jargon problem head-on is Caseway.ai, an AI-driven platform designed to simplify and streamline legal documents.
Using advanced natural language processing, Caseway.ai helps break down dense legal text into clear, understandable summaries, making contracts, court rulings, and regulations more straightforward. It also speeds up document review, allowing individuals and legal professionals to sort through complex legal material faster without getting bogged down in unnecessary complexity. As more companies embrace AI solutions like this, the push for plain-language legal writing becomes even more substantial.
Bottom Line: It’s Time for Change
The legal system only works if people understand it. Judges who write in plain language aren’t rebels—they’re just doing their jobs correctly.
The sooner legal professionals accept that clarity isn’t a threat, the sooner we’ll have a system that works for everyone—not just those who attended law school.
Written By Daniel Carter, J.D.
Daniel Carter is a former litigation attorney turned legal writing consultant who advocates for transparent, accessible language in law and government documents.
