However, you can still work to make your writing as easy to follow as possible. In legal writing some of the elements the MIT Study cites as problematic are required. Of course, it depends for whom you are writing and what you are writing it for – a blog post for education and marketing will be a completely different exercise than writing a brief, motion, or contract. The study found that use of words like “lessee” and “lessor” versus “tenant” and “landlord” contributed to the confusion. Passive voice, use of uncommon words, and unusual capitalization also contribute to the layperson’s inability to comprehend legal documents. “In the event that any payment or benefit by the Company would be subject to excise tax, then the cash severance payments shall be reduced. All payments and benefits by the Company shall hereinafter be referred to as the ‘Total Payments.’ This includes the payments and benefits under Section 3(a) hereof.” “In the event that any payment or benefit by the Company (all such payments and benefits, including the payments and benefits under Section 3(a) hereof, being hereinafter referred to as the ‘Total Payments’), would be subject to excise tax, then the cash severance payments shall be reduced.”Īnd offers a more understandable alternative: An example of center-embedding in the study is:

Center embedding is sentence construction in which a writer inserts a definition in the middle of a sentence.

The researchers found that center-embedding and use of uncommon words were the biggest culprits causing difficulty for reading comprehension. The study reveals why legal language is “borderline incomprehensible”. Writing for the ReaderĪ recent MIT study examined why legal documents are notoriously difficult for nonlawyers to understand. There are tips and tools to help you write more effectively. Your writing should be clear and unambiguous. Structure, flow, meaning, and intent are vital to cognition. Correct word choice, sentence structure, and impeccable grammar are requirements. No matter how often you write there is always room for improvement.

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