Plain English should replace "legalese" in legislation and all aspects of the legal process including the courts, the president of the Law Society said yesterday. Kitty Holland reports.
Mr Ken Murphy was speaking as A Plain English Guide to Legal Terms was published by the National Adult Literacy Agency (NALA). The book has been produced to mark National Literacy Awareness Week, which runs until Sunday. The theme is literacy and the legal justice system. The guide contains explanations for 1,400 terms.
The inclusion of such terms as in pari delicto and "emolument" indicated, said Ms Inez Bailey, director of the NALA, that even the most literate members of society could have difficulty with legal jargon.
It was hoped the guide would make the language of the Irish legal system more accessible.
"Literacy is broader than just reading and writing. It's about being able to take part on an equal footing. When people don't understand what is going on in a legal environment they are very vulnerable in that situation."
The NALA had a demand for such a publication through its Plain English Service from both members of the legal profession and the public.
Not understanding the language in legal documents and setting, she continued, conferred a "lack of ownership" among citizens of their legal system. "I hate using the word but it really is a process of disempowerment," Ms Bailey said.
Mr Murphy said the use of legalese by the legal profession was often unconscious.
"When challenged they may say that legal concepts are complex, and legalese is necessary for both accuracy and clarity. But this publication shows it is not."
Mr Patrick O'Connor, editor of the book and former president of the Law Society, agreed that changes in the way the legal justice system expressed itself were necessary.
A Plain English Guide to Legal Terms is available from NALA at a not-for-profit price of €20, at 01- 8554332.