Legal writing has a reputation.
Long sentences. Latin phrases. Paragraphs composed expressly to confuse. That was law writing. For years. But something’s happening to the legal industry. It’s a sea change.
Plain language drafting has gone mainstream. Contracts, pleadings, terms of service, yes, even legislation — are being rewritten in plain English. Law firms that don’t get it are left behind.
Learn why this movement is important and how it’s changing the way lawyers practice today.
Here’s what’s covered:
- What Plain-Language Drafting Actually Means
- Why It’s Booming Right Now
- The Real Benefits for Lawyers and Clients
- Common Myths (Debunked)
- How Firms Are Making the Switch
What Plain-Language Drafting Actually Means
Plain-language drafting is the creation of legal documents in words that are everyday words rather than words of legal jargon.
That doesn’t mean dumbing anything down. It means:
- Shorter sentences
- Familiar words instead of jargon
- Active voice instead of passive
- Logical structure with proper headings
- Only including what’s actually necessary
The objective is simplicity. When a client, judge, or juror reads the document, they should understand what it means on first reading. No second lawyer should be necessary to interpret it.
Does that sound obvious? Legal writing did the exact opposite for centuries. Documents were drafted to be read by other lawyers rather than the signees.
Plain-language drafting flips that around.
Why Plain-Language Drafting Is Booming Right Now
Legal drafting isn’t suddenly drifting toward plain language. Outside forces are converging on modern legal practice — and they’re converging on plain language, too.
Clients want simplicity. Regulators want simplicity. And the statistics prove it: 44% of Australian adults struggle to read complex documents like insurance policies, warranties, or standard legal documents.
That is a huge issue. If no one reads the document, then the document isn’t serving its purpose.
This is exactly what’s happening with legal services in Australia. Regulators have been encouraging plain-English contracts for years. Law firms throughout Australasia offer legal services that emphasise clarity over legalese. Reforms to consumer law, financial services regulation and government drafting standards all demand legal services are written in plain English. Delivering legal services in plain English isn’t just a bonus for Australian legal services – it’s part of how the whole sector is being reformed.
Add to that:
- Rising litigation over ambiguous contract terms
- Increased scrutiny from consumer protection watchdogs
- Client expectations shaped by fintech and easy-to-read apps
The pressure to modernise is coming from every direction.
The Real Benefits for Lawyers and Clients
Plain-language drafting isn’t just good PR. It delivers hard, measurable results.
Fewer Disputes
If both parties understand the deal they will fight less about it. The reason they fight about contracts is frequently because they don’t understand what they’ve agreed to. One way to prevent misunderstandings from causing most contract disputes is by clear drafting.
Faster Signing Cycles
Clients don’t delay on paperwork they understand. Transactions close faster. Deals move quicker. It’s a win for everyone.
Stronger Client Trust
Clients talked down to tend to look elsewhere. Clients who feel respected tend to stick around. Plain language drafting respects the client’s time and intelligence.
Better Court Outcomes
Judges are people. They prefer a clean, well-organised brief to a block of text stuffed with legalese — and they tend to rule in favour of the former. Judges have openly complimented counsel who use plain language, and silently condemned counsel who fail to do so.
Reduced Legal Costs
Lawyers take note: Time is money. Precise drafting reduces rounds of editing, follow up with clients, and costly litigation over interpretation.
Wow, so much potential benefit from something as simple as using shorter words and cleaner sentences.
Here’s the best part – You don’t need fancy tools or sweeping changes to start seeing these benefits. It’s primarily a shift in mindset supported by regular writing.
Common Myths About Plain-Language Drafting
Resistance to plain-language drafting persists within the profession. It largely stems from a handful of stubborn myths.
Myth #1: “Plain language is less precise.”
Wrong. Clear language is frequently less ambiguous because ambiguities are removed. Legalese obscures fuzzy thinking behind fancy terms.
Myth #2: “Clients expect their lawyer to sound like a lawyer.”
No longer. Clients now want their attorney to sound knowledgeable — and clear writing conveys strength, not timidity.
Myth #3: “The courts prefer traditional legal writing.”
Incidentally, most senior judges have publicly pleaded with lawyers to write more clearly. Lengthy submissions will not win cases. Persuasive ones will.
How Firms Are Making the Switch
Thinking about implementing plain-language drafting in your practice? Don’t freak out. Every firm that’s made the leap had basically the same experience.
- Review existing templates: Take all of your letter, contract, and pleading templates out and highlight the pages that look dense.
- Edit one paragraph at a time: Cut long sentences into smaller ones. Eliminate clichés such as “null and void” or “cease and desist” (unless it’s legal jargon).
- Use headings and lists: Walls of text are the enemy. Format your document so someone can skim through it in 30 seconds and have an idea of where things are.
- Show it to non-lawyers: Give it to someone outside the profession. If they can’t explain it back to you, it’s too dense.
- Train the entire team: When one solo lawyer changes overnight, firms of 20 need everyone converted to maintain uniformity in drafting.
Some organisations hire outside experts in plain language. Others designate an employee as an internal “clarity champion.” In either case, the investment typically returns itself after one year via increased speed and delighted customers.
Only half of Australians can understand documents. There is incredible opportunity for growth here across the board.
Tying It All Together
Plain-language drafting is no longer optional in modern legal practice.
Clients demand it. Regulators demand it. Judges demand it. Law firms that adopt plain legal writing get more work. They lose fewer clients. They close deals quicker.
The core takeaways:
- Plain-language drafting means clarity, not simplicity for its own sake
- It reduces disputes, speeds up transactions, and builds client trust
- The biggest myths about it don’t hold up under scrutiny
- The transition is manageable for firms of any size
Still living in “hereafter”s and “whereases”? It’s time to join the 21st century. Someone’s taking your clients already. Make sure it’s not the firm down the street that talks like you do.