English for Legal writing as a course
The course English for legal writing has three components to wit:
English language, legal and writing. The first component which is
English Language encompasses the grammar, lexis and structure
of English as a language. This component is a crucial component
in the sense that English language is the chosen language for our
courts in Nigeria and the UK from where our legal system was
inherited1. Section 55 of the Constitution of the Federal Republic
of Nigeria 1999 as amended is instructive.
Also in a plethora of cases English has been recognized to be an
official language of the court. In Damina v. The State2 the court
held that;
“Now it is a matter of common knowledge and indeed of judicial notice that
the lingua franca of Nigeria and official language of the superior court in the
country is English.”
This was also enunciated in the case of Ojengbede v. Esen.3
This component i.e. English Language, interacts with the second
component which is legal. By legal we mean anything that has to
do with the Law4. Law is a body of rules that regulate the society.
The interaction between the first two components create a
distinct language called the legalese otherwise called the Legal
1
Show how and when from legal system.
2
4
Language. The bulk of judicial interpretation and other legal
writing are tied to proper understanding of this legal language for
accuracy and precision in the application of laws.
The third component is writing. Though the course is titled
“English for Legal Writing, the span of the course goes beyond
writing to important aspects that affect the quality of writing such
as reading, skimming, notes taking, law books and materials
consulted before writing or drafting. Writing is also tied to
advocacy because it is linked to how a lawyer logically prepares
his drafts and other legal processes before the court which
invariably can affect his arguments before the court. Writing is
also closely linked to interpretation of the law by the judges in
court. Words written in different circumstance can evoke different
meanings and interpretations.5
Why Language Matters for Lawyers
Language plays an important role in law. The law would loose meaning
without language and as such it greatly depends on it. 6 Our understanding of
legal rules emanate from the very language in which those rules have been
written.7
5
Pleturer of authorities on different meanings attributed to words like “and”, “or”, “and or” “shall”, “will” etc. pls
cite authorities.
6
7
"Language is a lawyer's principal stock in trade." Basically, words are a lawyer's
most powerful weapon in court and in legal practice. According to Lincoln,
‘As lawyers, what we do most is write- lawyer’s time and advice are our stock in
trade, but we express the advice in words. And we use our time in drafting, in
communicating mostly by written words. Sometimes, though we tend to forget to
remember the first objective of writing- to communicate”.8
Not only is language relevant for writing or drafting, but also for interpreting the
law.9 Part of their everyday job requires Judges and lawyers to interpret the law,
contractual documents and other legal documents in order to settle disputes and
make judgments. This requires reading with an in depth understanding of wordings
of a legal discourse and its context. This implores the use of various rules of
interpretations.
Being equipped with language has important benefit, some of which include:
1. Communication purposes- Communication is Key for legal practice. Lawyers
need to express ideas clearly and intelligently. Good language skills help them
sound to be professional and credible. It's not just about knowing the law, but
communicating it effectively.
2. Professional Image- Legal profession is an esteemed profession. Lawyer ought
to carry space and pull their weight as lawyers. This distinguishes them from
laymen and other professionals. Eloquent speaking and writing boost a lawyer's
reputation. It helps lawyers earn respect in the legal community. Legal Language is
thus like a lawyer's "professional toolkit"
3. Advocacy skills- Practically, aside the need to communicate properly and
comprehensively, Strong legal language skill help in advocacy, drafting legal
documents, mediation, interviewing, understanding complex legal texts and the art
of Persuading courts.
8
How to teach English for legal language.
9
B.A Itari, I. Aluya, ‘Language and Law: The Role of English Language in Nigerian Legal System’ in Jalingo Journal of
Linguistics and Literary Studies vol 8(1)(2024) 145-155 at 148.
ENGLISH FOR LEGAL WRITING
English for Legal Writing, also known as Legal English, is a
specialized form of English used in legal contexts. It includes legal
terminology, specific writing styles, and structured grammar and
syntax unique to the legal profession. Legal English differs
significantly from every day English and follows formalized logic
rules to ensure precision, consistency, and clarity in legal
communication.10
According to Peter Tiersma when we talk of legal English, we are
talking about how to speak and write about the law…. What
expression, collocation express most accurately our message, the
significance and precision, if you will, of your communication.
Simply put, legal language is the study of language as used in the
legal discourse.
Legal English has been defined by Peter Tiersma as the language
for Lawyers. Tiersma believes that lawyers speak and write
differently from ordinary language in that it differs in lexon or the
pronunciation of some words. It is a sub-language which has its
own subject matter and its own grammatical rules as it differs
from ordinary language not only in lexon but also in terms of
morphology, syntax or semantics”.11
Legal English is a specialized form of English that is used in the
legal profession, encompassing the language, terminology and
writing style used in legal documents, contracts, court
proceedings and legal communication.12 It plays a crucial role in
facilitating effective communication and comprehension within
the legal filed.
10
Noila Mustafoeva,’Functional Varieties of Legal English in Writing Speech’ in Physcology and education journal,
vol.58(2)2021.
11
12
Reference pls see Nwanko v yar’adua (2010)45WRN1.
It is very common to come across the term legalese in legal
English studies. This term is more connected to traditional style of
legal writing, which is a part of the discourse of English for legal
writing which lay man cannot understand. This term describes
legal writing which may be cluttered, wordy, and indirect and may
include unnecessary technical words or phrases. 13 This type of
writing is peculiar to lawyers and its usage is contained and
confined to legal documents. A lawyer on an ordinary
conversation will not resort to its use.
Relevance of Legal English
English for Legal Writing plays a vital role in the legal field,
serving as a foundational tool for all who interact with legal
processes. This includes lawyers, judges, court users, law
teachers, legal researchers, and even laypersons. Since the law
permeates virtually every aspect of modern life, legal English
ensures clarity, accessibility, and precision in legal
communication.
1. Precision and Clarity in the Law
Legal English fosters accuracy in legal drafting, argumentation,
and interpretation. The primary goal of law is the just
administration of justice. Ambiguities can lead to
misinterpretation or miscarriage of justice, which is why the use
of precise and clear language is essential.
13
2. Legal English as a Global Lingua Franca
Legal professionals across different countries, despite linguistic
and cultural differences, use English to communicate legal
principles. English has become the universal legal language for
many international treaties, arbitration proceedings, and
transnational legal correspondence.
3. Reading, Understanding, and Interpretation of Legal
Texts
Legal English equips individuals with the necessary tools to
interpret laws, regulations, statutes, and judicial opinions.
Mastery of legal vocabulary and structure is crucial for analyzing
complex legal texts and understanding their implications.
4. Importance for Law Students and Legal Researchers
Law students and researchers must understand legal language to
excel in academic and professional settings. Legal English enables
them to engage with textbooks, casebooks, and journal articles,
and to effectively draft memoranda, legal briefs, and participate
in moot court and law clinic activities .
5. Relevance for the Layperson
Legal English is also important for the general public. Since
ignorance of the law is no excuse, citizens must have access to
laws written in comprehensible language. For instance, during
President Jimmy Carter's tenure in the United States, there was a
movement to simplify legal language to make it more
understandable to laypeople.
Furthermore, laypersons often need to discuss legal issues with
their lawyers. For effective communication, a basic understanding
of legal English is beneficial.
6. Relevance to Legal Drafting
Lawyers, judges, and law students regularly draft legal documents
such as judgments, pleadings, affidavits, memoranda, contracts,
and more. Each type of document requires careful use of legal
terminology, logical structure, and precision. Mastery of legal
English ensures these documents are clear, binding, and resistant
to misinterpretation
Types and Genres of legal English
The legal English has two types which are;
1. Verbal or spoken genre and;
2. Written genre.
Verbal or spoken legal language is the language spoken by
lawyers in their everyday professional life. This can be with
colleagues at the chamber where they work and discuss
legal issue, in court where they argue their cases before a
judge or with the judge, or even with clients. The spoken
genre depending on where and with whom the lawyer is
conversing with could plain English or could be legal English
with a lot of legal terminologies and Latin maxims. For
example, when a lawyer is taking brief from his client, he
would go with the use of plain English as he is discussing
with a layman.
Written legal language as the name implies is language that
is found in documents. Unlike the spoken legal language, it is
mostly legalese. Legalese is a written language of the law
that is heavily laden with archaic words, legal terminologies
and Latin maxims. Again, just like oral or spoken legal
language not every written document is laden with these
legalese. Letters to client, memos and briefs may not be
overly laden with legalese.
This means that legal language can be seen contained in various
fields all of which are distinct from each other. These are the
genres of legal English:
i. Judicial language: This is the type of language we
find in use in court, law reports, they are used by
judges in Judgments.
ii. Legal documents: These include the language that is
found in contract agreements, Deeds, of Assignment,
mortgages, and rent agreements.
iii. Laws: e.g. Acts of parliaments, laws of states, Bye-
Laws etc.
iv. Legal Correspondence: e.g. letters, memos, reports.
v. Academic writing: this refers to academic research
by lawyers engaged in academia. Academic writing
includes Journal research articles, thesis,
dissertations, conference articles, legal text books
etc.
In each of these, one will find that they are mostly legalese
as against plain language. In fact some definition of legal
language is synonymous legalese. This may not be true. It is
truer to say legal language include majorly by not wholly
legalese. There is now a modern trend to move from
legalese to plain language. The advocacy to move to plain
English in Legal Language has led to the passing of laws
written in plain English and creation of documents dealing
with rights and obligations of citizens. This move can be
seen mostly in laws regarding loan contracts, insurance
policies, leases and similar types of documents dealing with
commerce, banking or insurance.14 Other types of legal
documents remain the same, carrying the legalese.
Key Features of Legal English
14
Coherence and cohesion in legal discourse
Legal English differs from ordinary English in several linguistic
aspects:
Linguistic Feature Legal English Ordinary English
Vocabulary (Lexis) Uses Common and
technical/legal conversational
terms (e.g., terms
herein, aforesaid,
tort)
Morphology Words are often Shorter, simpler
longer, with Latin word formation
or French roots
Syntax Long, complex, Shorter, more
sometimes archaic direct sentences
sentence
structures
Semantics Meanings are More flexible,
specific, often general meaning
defined by law or
context