Legal writing and plain language

Legal writing can be both user-friendly and lawyerly, when it matters that its readers can understand and act on it. If you write official correspondence, terms and conditions, policies or procedures, plain language is now the standard.

Reading time: 3.5 minutes | By Kylie Howard

What do most people think of when they think of legal writing? Long, complicated sentences? Indecipherable words and Latin terms? Passive voice? Legalese? It can be enough to make eyes glaze over – especially for the non-lawyer (although even lawyers aren't immune to its sometimes-eyes-glazing-over effect).

The problem is that the more complicated and convoluted your writing, the more likely you are to alienate readers.

This could be because they don’t have a legal background or English might be their second language. But it could also be because they are time-poor professionals who need information quickly – information that is succinct and to the point.

Why does it matter?

Plain language in legal communication is important for many reasons. Here are just a few.

• Readers are more likely to understand their rights and comply with their responsibilities.
• Readers can more easily get access to justice and the services they need when they need them.
• It helps build and maintain trust – when someone understands what you’re telling them, they’re more likely to trust you.

Take the common example of a fine. We’ve all received one. But how many times do they look complicated – if not scary? Small, barely readable font. Unnecessary detail. Hard-to-follow instructions.

Most of the time, what the reader needs to know is what they have to pay, by when, how, and what they need to do if they don’t agree with the fine. If these are set out following plain language principles, the reader is more likely to:

• understand their rights and comply with their responsibilities
• get access to justice they need
• trust the organisation who issued the fine.

Plain legal writing isn’t dumb legal writing

Converting your legal writing into plain (or plainer) language doesn’t mean ‘dumbing it down’. On the contrary: you’ll usually make it more readable, more persuasive and more effective – without compromising legal accuracy. In other words, it will do what you want it to do.

Legal communication often buries the point. Plain legal writing makes the point sing.

When I was practising as a lawyer and instructing barristers in court, some of the most effective (and impressive!) written arguments I saw were short, to the point and clearly set out. They were written by senior, highly respected professionals who distilled complex concepts into plain legal language. And they did it to convince a judge.

Not so dumb.

Plain language is the standard

Still not convinced? In 2025, the International Standards Organization (ISO) published its first plain language standard for legal communication. The standard provides that legal communication should be ‘so clear’ that intended readers can easily find, understand and use the information they need.

Tips for better legal writing

• Identify who you’re writing for. Knowing your audience is key for any good writing. The way you communicate to the general population is going to be different to the way you would write to a mainly professional audience or to a mainly legal audience.
• Think about the way you’ve set out the information. Things like headings, lists and numbered steps make information easier to navigate. Diagrams, images and flowcharts can make sense of complicated processes.
• Be careful with legalese and complicated expressions. Most of the time, there’ll be a simpler way to express the same thing without compromising accuracy or legal meaning. For example, instead of using phrases like ‘in regard to’ or ‘in relation to’, try ‘about’ or ‘for’. And, unless you’re communicating with a strictly legal audience, there’s usually no reason to throw Latin in.
  Sometimes, it can be hard to avoid legal ‘terms of art’, especially if it’s important to communicate or comply with the wording of legislation. If you do have to use these terms, try easy-to-navigate and -find glossaries and for online resources, use linked cross-references to definitions.
• Use active not passive voice. Sometimes, particularly in legal contexts, the passive voice can’t (or shouldn’t) be avoided, but most of the time, it can. Switching to active voice will usually improve your writing and, most importantly, make it more useful to the reader. For example, instead of writing ‘care should be taken to’ try ‘take care to’ or ‘make sure you’.
• Use short sentences. They’re easier to read and comprehend. They’re also usually more persuasive. Win-win.

Legal writing that hits the mark

By applying plain language principles to your legal writing, your legal communication will be accessible, impactful and useful to more readers – readers who will trust you and your organisation.

At EllWords, we understand that applying plain language principles to legal writing can be daunting and time-consuming. While we can’t give legal advice, we can convert complex legal communication into readable, engaging text without compromising accuracy.

We offer legal editing and writing for lawyers and non-lawyers: think policies, terms and conditions, law research, procedures and official correspondence.

Get in touch with us to ensure your legal writing makes an impact.

References / further reading

Plain English Foundation – It's finally here! An ISO plain language standard for legal writing

Victoria Law Foundation resources – Victoria Law Foundation plain language resources

ACT Parliamentary Counsel’s Office – Words and phrases guide: a guide to plain legal language

Clarity (an international organisation promoting plain legal language)

Butt P (2018) Legal usage: a modern style guide, Lexis Nexis, Australia