Even Lawyers Don't Like Legalese

Abstract

Across modern civilization, societal norms and rules are established and communicated largely in the form of written laws. Despite their prevalence and importance, legal documents have long been widely acknowledged to be difficult to understand by those who are required to comply with them (i.e. everyone). Why? Across two pre-registered experiments, we evaluated five hypotheses for why lawyers write in a complex manner. Experiment 1 revealed that lawyers, like laypeople, were less able to recall and comprehend legal content drafted in a complex “legalese” register than content of equivalent meaning drafted in a simplified register. Experiment 2 revealed that lawyers rated simplified contracts as equally enforceable as legalese contracts, and rated simplified contracts as preferable to legalese contracts on several dimensions–including overall quality, appropriateness of style, and likelihood of being signed by a client. These results suggest that lawyers who write in a convoluted manner do so as a matter of convenience and tradition as opposed to an outright preference, and that simplifying legal documents would be both tractable and beneficial for lawyers and non-lawyers alike.

Keywords: law, language, psycholinguistics, curse of knowledge, experimental jurisprudence

JEL Classification: K10,K12,K30,K40,K49