Parsing legal texts has long been a challenge, not just for laypeople, but also for legal professionals. The task is complex enough that dedicated education is required; however, the difficulty is heightened by structural issues inherent in legal writing. According to a recent MIT study, one major factor contributing to this complexity is “center-embedding,” where long definitions are inserted in the middle of sentences, making the texts hard to process.
This phenomenon is not only frustrating for those outside the legal profession but also for lawyers themselves. As noted in the MIT analysis, both lawyers and laypeople find legalese cumbersome and unnecessarily convoluted. This complexity likely arises from the drafting process, where definitions and clarifications are continuously added without simplifying the text.
The MIT study further suggests that this complexity is also a reflection of the legal profession’s tendency towards prestige-driven writing. Lawyers, whether drafting contracts, legislation, or any legal document, might feel compelled to impress their peers through elaborate language, inadvertently sacrificing clarity.
For those aiming to sidestep this pitfall, the advice is simple: aim for clarity. Avoid the temptation to insert overly complex structures and definitions within sentences. Simple and clear communication, though it might not bring immediate prestige, significantly enhances comprehension and accessibility for all readers.
For more detailed insights on why legal texts are often hard to understand, you can read the full article on Above the Law.