Simple or Leaglese

The word Leaglese means

Leaglese: language containing an excessive amount of legal terminology or of legal jargon.
some examples are: herein, hereto, hereby, heretofore, whereas, whereby, and wherefore ; said and such (as adjectives).

Legal writing includes many words taken from different languages
Which includes terms derived from French (such as estoppel, laches, and voir dire) and Latin (both terms of art such as certiorari, habeas corpus, and prima facie; and non-terms of art such as inter alia, mens rea, and sub judice). These foreign words are not written in italics or other distinctive type as is customary when foreign words appear in other English writing.

Legal writing is a type of technical writing used by legislators, lawyers, judges, and others in law to express legal analysis and legal rights and duties. Its distinguishing features include reliance on and citation to authority, importance of precedent, specialized vocabulary or jargon, and a tendency toward excessively complicated grammar and overformality.

But there is a shift towards Plain Language over Legalese in todays corporate world in contracts, JVs, etc. The popularity of Plain language and the shift towards it cause now a manger in a company doesn’t need to consult a lawyer before making his move cause the language is simple and clear which saves time and not to mentiont lot of money. However lawyers understandly are not a happy bunch, more than the work which is being taken away from them, the fear the Dumbing Down of the legal writing, the fear cause the language is so simple it might not cater to their clients interest, misunderstandings are more likely to occur.

"Plain English emphasises meaning over rules and clarity over elegance"
Rosemarie Park

(Advocate)

I am all for plain language over legalese, but there has to be balance between the two. Cause the Legal writing has gone through number of changes in the last 40 years or so. Plain language may not fit everywhere, but at the same time interpreting every little detail into complex Legalese sentence also will not work. We can certainly do away with the terms mention above (supra) Herein, hereto, herewith, etc

Some replacements

Leaglese ----/---------- Simple
advert to -/-------------- mention
aforementioned -/-------- often best omitted
ambit -/-------------------reach or scope
approximately -/---------- about
a large number of -/------- many
for the reason that -/------ because
frequently -/---------------often
forthwith -/---------------- immediately
fundamental -/------------- basic
prior to -/------------------ before
provision of law -/---------- law
purchase -/------------------buy
was aware -/----------------knew

Diwali Wishes (Festival of Lights)

Heres' wishing everyone a happy and prosperous Diwali.

It the biggest festival celebrated by the Hindus. To know more about it go to this link

Lex Evangelist listed on Blawg

My Blog got listed on the the Blawg which maintaines good directory of Legal Blogs from around the world.

Draw Flowcharts, Charts, etc

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Opening up of Legal services in India

AS India slowly but surely opens up every possible sector to the foreign market, how can the legal services be left behind. For this an interactive session was called by the Ministry of Law on 17 September 2007, to which I also went the session lasted about two hours, in the end three groups emerged

1. Those in against

2. Those in favour
3. Undecided

Group 1 comprises of big law firms who hold substantial market share, and are not willing to give up .
Group 2 as imagine comprises of those firms who already are in MoU with foreign firms and are trying to strengthen their position.
And finally the Group 3 who comprises of those people who were undecided, really don’t care , there for free snacks.

After the session was conclude, all the view points were noted by the ministry, and they would come up with a draft within few months.

I guess as the world economies open up, and the competition comes to domestic market. Talking of legal services in particular one metaphor come to mind " Never to put horse behind the cart " Opening up of legal services should been taken in steps, so when the competition comes we will be ready to face them. At present lot of handicaps crumble the legal services. Let us take a look

Firstly, under the Advocates Act,1961 foreign firms and lawyers are not allowed to practice in India, It is a common misconception the foreign firms and lawyers will come and take over the litigation practice from Indian lawyers which as anyone who can read can see this is not the case as being made out.

Indian Partnership Act, 1932 bars law firms from having more than 20 lawyers, this limits a law firm to grow in size.

Limited Liability Partnership Bill, 2006 is still sitting to be passed in the Parliament, this act will provide a law firm to expand and compete globally.

A set of guidelines which will govern the activities of foreign firms and lawyers. For example in Singapore, foreign firms can only practice in banking and corporate areas of Singapore law.

Given above reasons it is now for the government to act upon them and show us the door and we will walk through it whatever the outcome.