Using plain english to deal with legal english’s problems

MINISTRY OF EDUCATION & TRAINING HO CHI MINH CITY UNIVERSITY OF LAW GRADUATION THESIS B.A DEGREE IN ENGLISH Major: Legal English USING PLAIN ENGLISH TO DEAL WITH LEGAL ENGLISH’S PROBLEMS Supervisor: PHAN LE CHI, MA Student: TRAN TUAN KHANH Student ID: 1952202010022 Class: LE44A Ho Chi Minh City, 2023 ACKNOWLEDGEMENT My thesis, entitled “Using Plain English To Deal With Legal English’s Problems” is the result of four months of dedicated research and hard work I would like to express my gratitude to my instructors, teachers, friends, and family for their invaluable support in enabling me to accomplish my thesis As I approach the end of my four-year educational program at the Ho Chi Minh City University of Law, I contemplate the valuable knowledge and skills that I have gained during my tenure here I wish to extend my heartfelt appreciation to Mrs Phan Le Chi for her steadfast commitment and invaluable mentorship during the research and implementation stages I am sincerely grateful for her support, which has been crucial to the success of this project I wish to convey my heartfelt appreciation to you once again and offer my best wishes for your continued good health I would like to express my gratitude to my class advisor, Mr Luong Minh Hieu, for his dedicated guidance throughout the past four years I also would like to express my gratitude to Mr Nham Thanh Lap, a former professor at the school, who inspired me in the first place I also thank the other lecturers who have consistently provided their support and advice I wish to extend my heartfelt appreciation to the esteemed faculty members and lecturers for their diligent guidance throughout the course Your dedication to sharing valuable knowledge and fostering a positive learning environment is truly admirable I appreciate your patience and commitment in guiding our academic progress I would like to express my sincere gratitude to my colleague, Le Pham Tuyet Ngan, for their consistent support and encouragement during this project Ngan consistently provided emotional and intellectual guidance, which was immensely valuable, even while being engrossed in her own pursuits I have been consistently supported by her valuable insights, constructive feedback, and motivational words Having a reliable and supportive person who believed in my work has significantly impacted my journey I appreciate the friendship and positive influence she has had on my academic endeavors Dear Tuyet Ngan, I sincerely appreciate your outstanding support and feel grateful to have you as my companion I would like to express my sincere gratitude to my family for their unwavering companionship, encouragement, and support throughout this journey I am grateful for the valuable assistance, lessons, experiences, support, and trust provided by all parties involved I would like to extend my heartfelt appreciation for your efforts Sincerely thanks TABLE OF CONTENT CHAPTER 1: INTRODUCTION 1.1 Background of the study 1.2 Statement of the problems 1.3 Research subject 1.4 Research questions 1.5 Research methodology 1.6 Thesis structure CHAPTER 2: PLAIN ENGLISH AND LEGAL ENGLISH: BRIEF HISTORY 2.1 Plain English: Concept and History 2.1.1 Concept 2.1.2 History 2.2 Legal English: Concept and History 2.2.1 Concept 2.2.2 History 2.3 The differences between Legal English and Plain English 11 CHAPTER 3: LEGAL ENGLISH’S PROBLEMS 13 3.1 Vocabulary and Terminology 13 3.2 Sentence Structure and Syntax 15 3.3 Jargon and Technical Language 16 3.4 Verbose and Redundant Writing 17 3.5 Impenetrable Legal Documents 18 3.6 Exclusionary Nature of Legal Language 19 CHAPTER 4: METHODOLOGY OF APPLICATION 22 4.1 Vocabulary and Terminology 22 4.2 Sentence Structure and Syntax 23 4.3 Jargon and Technical Language 26 4.4 Verbose and Redundant Writing 28 4.5 Impenetrable Legal Documents 31 4.6 Exclusionary Nature of Legal Language 32 CHAPTER 5: SYNTHESIS OF LITERATURE AND EXPERT OPINIONS 35 5.1 Review of relevant studies and research on the use of Plain English in legal communication 35 5.2 Analysis of case studies and examples showcasing the benefits of Plain English adoption 37 5.3 Examination of expert opinions and perspectives on the role of Plain English in legal language reform 40 5.4 Limitations and gaps in the existing literature on Plain English in the legal field 41 CONCLUSION 44 CONTENT CHAPTER 1: INTRODUCTION 1.1 Background of the study The intricate and specialized language of Legal English can present significant obstacles for individuals not trained in the field Legal documents are frequently written formally and technically, incorporating jargon that may prove indecipherable to the average person Employing Legal English can result in confusion and misunderstanding during legal proceedings, leading to costly errors and unfavorable legal outcomes Moreover, Legal English is a language without standardization and can vary considerably by jurisdiction This variation in terminology and phrasing further compounds the difficulties for non-legal professionals attempting to navigate legal documents and communications, exacerbating the challenges to accessibility Given the potential impact of legal language on legal outcomes and accessibility, it is imperative to undertake a comprehensive study comparing the use of Legal English and Plain English in legal documents and communications This investigation would offer legal professionals and non-legal professionals alike a better understanding of the implications of language for legal outcomes and accessibility The study could delve into the comprehension and effectiveness of legal documents and communications written in both Legal English and Plain English by legal professionals and non-legal professionals Additionally, it could assess the temporal and resource allocation costs of producing documents in both styles The findings of the study could hold significant implications for legal professionals, as well as individuals and organizations navigating the legal system The use of Plain English has the potential to enhance the accessibility and comprehensibility of legal documents and communications, potentially reducing confusion, errors, and disputes Nevertheless, Legal English may be indispensable for precision, accuracy, and compliance with legal standards and precedents Hence, the study would have the potential to generate critical insights into the advantages and limitations of each style, ultimately informing best practices for legal communication In conclusion, a study comparing Legal English and Plain English can yield valuable insights into the impact of language on legal outcomes and accessibility The findings of such a study could inform best practices for legal communication, improving access to justice for all individuals and organizations 1.2 Statement of the problems The objectives of a study about Using Plain English To Deal With Legal English's Problems could include the following: To identify the specific problems with Legal English that make it difficult to understand for non-legal professionals To assess the effectiveness of using Plain English to address the identified problems with Legal English To evaluate the comprehension of legal documents and communications written in Plain English compared to Legal English by legal professionals and non-legal professionals To investigate the impact of using Plain English on legal outcomes, such as reducing errors, disputes, and confusion To develop guidelines and best practices for using Plain English in legal documents and communications that address the identified problems with Legal English To assess the feasibility and cost-effectiveness of using Plain English in legal documents and communications, including any potential challenges or barriers to implementation To investigate the potential impact of using Plain English on access to justice and the legal system for individuals and communities who may struggle with legal language Overall, the objectives of a study about using Plain English to deal with Legal English's problems would aim to provide valuable insights into the benefits and drawbacks of using Plain English in legal documents and communications, and inform best practices for legal professionals to improve accessibility and understanding for nonlegal professionals 1.3 Research subject The subjects of a study comparing Legal English and Plain English in legal documents and communications could include legal professionals and non-legal professionals Legal professionals could include lawyers, judges, legal assistants, law students, and other legal practitioners who are familiar with Legal English and use it regularly in their work Non-legal professionals could include individuals who not have a legal background, such as members of the public who are not lawyers, law students, or legal professionals This could include individuals who are involved in legal processes or transactions, such as plaintiffs, defendants, witnesses, or jurors Additionally, there is a particularly unique group, namely students studying Legal English at the Ho Chi Minh City University of Law This group includes individuals who are familiar with Legal English but also use everyday English at a proficient level 1.4 Research questions In this study, the approach taken is quite complex, given the various languages associated with it that require investigation within a limited field Therefore, the author of this thesis narrowed down the area of research from Legalese and Plain Language to Legal English and Plain English This research aims to support the idea of encouraging learners of Legal Language to use Plain English more frequently, while not completely replacing Legal English with it Indeed, the use of Legal English can be challenging for those who are not trained in the field, given its complex and technical language, which can be confusing for the average person Furthermore, Legal English can vary by jurisdiction, and there may be differences in terminology and phrasing that can cause confusion or misinterpretation The research questions include: How is Legal English different from Plain English in terms of concept and usage? How to use Plain Language to solve Legal English’s Problems? 1.5 Research methodology This research article focuses on the types of languages that are familiar to students majoring in Legal Languages Faculty at Ho Chi Minh University of Law is Legalese and Plain Language This article aims to to describe the relationship the between the aforementioned languages based on the features that they have in common such as definition, history… and from that to cope with unsolved problems of Legalese The research methodology used in this article is library research method Library research is a method of research that involves the use of existing resources such as books, articles, and other materials to collect information on a specific topic It is a form of secondary research that does not involve primary data collection, and it is often used in theoratical or scientific research The steps of conducting the research can be summarized as follows 1.6 Thesis structure Plain English and Legal English: Concepts and Brief History Legal English’s Problems Methodology of Application Synthesis of Literature and Expert Opinions Conclusion Bibliography CHAPTER 2: PLAIN ENGLISH AND LEGAL ENGLISH: BRIEF HISTORY 2.1 Plain English: Concept and History 2.1.1 Concept The notion and definition of Plain English has evolved over time and has been a subject of discussion and advocacy in various fields, including law, business, government, and communication Plain English refers to a writing style that aims to make information clear, concise, and easily understandable to the intended audience It is a communication approach that prioritizes simplicity, clarity, and effectiveness, and seeks to eliminate jargon, unnecessary complexity, and ambiguity in written or spoken language Ernest Gowers, in his influential book “The Complete Plain Words”, published in 1954, emphasized the importance of using plain language in government and public communication Gowers argued that complex and bureaucratic language often used in official documents, forms, and letters can create confusion and hinder effective communication with the public He advocated for the use of plain words and simple expressions that are easily understood by the general public, without compromising accuracy or legal precision Richard C Wydick, in his book “Plain English for Lawyers”, published in 1978, focused specifically on the use of plain language in legal writing Wydick argued that the traditional legal writing style, often characterized by archaic language, lengthy sentences, and technical jargon, can create barriers to understanding for clients, judges, and other stakeholders in the legal profession He emphasized the importance of using Plain English in legal documents, such as contracts, pleadings, and legal opinions, to ensure clarity, precision, and accessibility in legal communication Martin Cutts, in his “Quick Reference Plain English Guide”, published in 1995, provides practical guidance on using Plain English in various professional contexts, including legal writing Cutts emphasizes the need to consider the needs and expectations of the target audience when using language in professional communication He provides tips and techniques for simplifying complex information, avoiding jargon and unnecessary technical terms, and organizing content in a clear and coherent manner In general, the notion and definition of Plain English involve using language that is clear, concise, and easily understood by the intended audience It focuses on eliminating unnecessary complexity, jargon, and ambiguity in written or spoken communication, while maintaining accuracy and legal precision The concept of Plain English recognizes the importance of effective communication in various professional contexts, including law, and emphasizes the need to consider the needs and expectations of the audience when communicating complex information 2.1.2 History The captivating story of the English language spans many centuries and involves a multitude of influences and developments It originated as a Germanic language spoken by tribes in what is now modern-day England, and has evolved into a global language with countless dialects and variations This section provides a concise overview of the history of the English language, drawing on authoritative sources and linguistic research Old English (450-1100 AD) The earliest stage of English, known as Old English or Anglo-Saxon, was spoken by the Germanic tribes that settled in England during the migration period Old English was a highly inflected language with complex grammar and a vocabulary influenced by Germanic languages, Latin, and Old Norse Beowulf, an epic poem, is the most well-known work written in Old English and reflects the cultural and linguistic characteristics of the time Middle English (1100-1500 AD) Middle English followed Old English and is marked by significant changes in grammar, vocabulary, and pronunciation The Norman Conquest of England in 1066 brought a strong French influence on the English language, as the ruling class spoke French and French words and expressions were incorporated into English, particularly in legal, administrative, and religious contexts The works of Geoffrey Chaucer, including The Canterbury Tales, are renowned examples of Middle English literature that provide insights into the language and society of the time Early Modern English (1500-1700 AD) The Early Modern English period was characterized by the Renaissance, the Reformation, and the expansion of English exploration and colonization During this time, English underwent significant changes Raising awareness among legal practitioners regarding the difficulties presented by exclusionary legal terminology constitutes a crucial measure Training programs and continuing legal education have the potential to emphasize the utilization of plain language, proficient communication, and the significance of bridging the knowledge gap By doing so, legal professionals can enhance their ability to communicate effectively with clients and colleagues, while also promoting greater accessibility and understanding of legal concepts for all individuals Such efforts may ultimately contribute to a more equitable and just legal system, which values clear and concise communication as a means of promoting transparency and fairness The promotion of transparent and equitable legal practices can be facilitated by raising awareness among legal practitioners, which can in turn help to reduce power imbalances In addition, the utilization of cutting-edge legal technology and artificial intelligence (AI) can play a significant role in mitigating the exclusive characteristics of legal terminology The application of natural language processing (NLP) algorithms has the potential to streamline legal texts, produce concise and comprehensible summaries, and improve the availability of legal resources for a wider audience The utilization of online platforms and chatbots has the potential to aid individuals in comprehending legal jargon and procedures The adoption of technological solutions can facilitate the accessibility of legal information to a wider demographic In conclusion, the methodologies discussed in this chapter provide valuable insights into addressing problems associated with Legal English By focusing on the criteria such as maintaining simplification and clarification, providing precise and consistent context, promoting plain language initiatives, enhancing legal education and literacy, and leveraging legal technology, significant progress can be made in mitigating the challenges associated with limited access to legal knowledge, power imbalances, unequal distribution of legal resources, and impediments to plain communication However, it is essential to recognize that the effectiveness of applying these methodologies may vary depending on various factors such as cultural context, language diversity, technological infrastructure, and the commitment of stakeholders Continuous evaluation, refinement, and adaptation of these approaches are necessary to ensure their effectiveness in addressing the exclusionary nature of legal language 33 In the following chapter, “Synthesis of Literature and Expert Opinions” I will delve deeper into the outcomes and impact of implementing these methodologies I will explore the tangible benefits when applying these approaches by examining case studies, research findings, and real-world examples Through this exploration, I aim to gain a deeper understanding of the effectiveness of these methodologies and how what I am heading toward affects society Overall, by embracing inclusive language practices, promoting legal literacy, and leveraging advancements in technology, I can work towards a legal system that is more accessible, transparent, and equitable for all individuals, regardless of their linguistic or educational background 34 CHAPTER 5: SYNTHESIS OF LITERATURE AND EXPERT OPINIONS 5.1 Review of relevant studies and research on the use of Plain English in legal communication The use of Plain English in legal writing has gotten a lot of attention and is now seen as an important way to make the law more accessible, clear, and easy to understand Several studies, study papers, and practical guides have helped us learn more about this topic and give us valuable information about the pros and cons of using Plain English in legal writing Mufti-Zade's important work from 2022 looks at the main parts of Legal English By looking at legal language, this study is likely to show what makes legal language different, such as its complex syntax, technical terms, and formal conventions By identifying and analyzing these features, Mufti-Zade's work likely gives a foundation for understanding the unique challenges of using Plain English in legal communication In his 1999 book “Legal Language”, Tiersma does a full study of legal language, looking at all of its complexities and subtleties Tiersma probably goes into the historical, linguistic, and social factors that have shaped legal language This will show why it is often hard to understand and can be hard to learn By looking at legal jargon, old words, and other oddities of the English language, Tiersma's work probably shows how hard it is for lawyers to use Plain English successfully “The Language of the Law”, a 1964 study by Bryant and Mellinkoff that was probably released in the American Speech journal, helps us understand legal language by looking at how it has changed over time This study is probably about how legal language has changed over time It will look at how legal terms, syntax, and speech have changed over time By giving historical context, Bryant and Mellinkoff's study likely shows how ingrained traditional legal language is, which could make it hard to use Plain English The article “The History of English Law Centenary Essays on ‘Pollock and Maitland’” by Walker and Hudson from 1998 is likely to give more historical information about how legal language has changed over time This essay is likely to put light on how legal traditions, precedents, and cultural factors affect the language used 35 in legal discourse It does this by focusing on the history of English law By knowing how legal language has changed over time, legal workers can better understand the difficulties that must be overcome when Plain English principles are used Legal professionals who want to improve their communication with a wider audience can learn a lot from the practical guides and other tools on Plain English in legal writing The “Oxford Quick Reference Plain English Guide” (1995) by Cutts probably gives legal professionals clear guidelines and useful tips on how to simplify and clear up their writing, making sure that legal papers are easy to read and understand Wydick's 1978 book “Plain English for Lawyers” probably focuses on the practical benefits of using Plain English in legal writing It gives specific tips on how to avoid legalese and make things clearer The goal of these tools is to help people who aren't lawyers understand legal language by promoting the use of Plain English in legal papers “The Complete Plain Words”, an important book by Gowers from 1954, looks at the rules of writing in Plain English in general, not just in the law field Still, the ideas in this work can be used to improve legal writing by stressing the need for clear and concise language to make things easier to understand and improve communication with people who are not experts Bhatia's (2014) study of genre and language use in professional settings is likely to help us learn more about legal discourse and how it is different from other types of writing By looking at the rules and types of language used in legal writing, Bhatia is likely to find the unique ways that language is used in legal communication This study can help lawyers understand the subtleties and expectations of legal language, which can help them make decisions about how to use Plain English Practical books like “Modern Legal Drafting: A Guide to Using Clearer Language” by Butt and Castle (2006) and “Plain Language Wizardry: Plain Language Legal Writing” by Stephens (2008) explain in detail how to use Plain English when writing legal documents Most likely, the techniques, examples, and exercises in these tools will help legal professionals write legal documents that are clear, concise, and easy to read By talking about common mistakes and problems, these guides aim to give lawyers the skills they need to make legal materials that are easy to read and understand 36 Also, books like “Clear and Effective Legal Writing” by Charrow, Erhardt, and Charrow (2013) and “The Redbook: A Manual on Legal Style” by Garner (2002) stress how important it is for legal writing to be clear, precise, and communicate well These tools probably have a lot of information about the rules of legal writing, stressing the need for Plain English and giving ways to improve communication in the legal field as a whole Even though it's not written in Plain English, Black, Nolan, and Connolly's “Black's Law Dictionary” (1968, 1979) has a lot of definitions and explanations of legal words These editions help people understand legal language better and can be used as references by lawyers who want to make difficult legal terms less confusing and improve communication In Neumann and Tiscione's 2013 book on legal reasoning and legal writing, they probably talk about how good legal thinking and clear, concise language go together By talking about how important it is for legal writing to be clear, this book probably shows how important it is to use Plain English when making legal points and making sure they make sense In the end, the studies, study papers, and practical guides I looked at all help us learn more about how Plain English is used in legal communication They explain the problems caused by legal language, look at how it has changed over time and in terms of language, and suggest ways to start using Plain English concepts By addressing the complexity of legal language and giving advice on how to write in Plain English, these tools aim to make legal documents and communications more accessible, clear, and easy to understand 5.2 Analysis of case studies and examples showcasing the benefits of Plain English adoption Plain English is a writing style that aims to be clear and simple It avoids using difficult words, technical terms, and complicated sentences This approach is widely used in government, legal, healthcare, finance, and business communication Let's examine studies and examples that demonstrate the benefits of using Plain English 37 Plain English enhances reader comprehension, as shown by multiple studies Clear and concise information helps readers understand and make informed decisions Example: In the healthcare sector, the U.S Food and Drug Administration (FDA) implemented plain language guidelines for prescription drug labeling A study published in the Journal of Health Communication revealed that patients who received drug information written in plain language had significantly better understanding and recall of the instructions compared to those who received traditional labels Plain English improves accessibility by making information more easily understood by a wider audience Simplifying language can help organizations communicate with a wider audience, including those with different levels of knowledge and literacy Example: “Kicking the Legalese Habit: The SEC's Plain English Disclosure Proposal” by Andrew T Serafin discusses the Securities and Exchange Commission's (SEC) initiative to promote the use of Plain English in corporate disclosures The article highlights the challenges associated with complex and verbose legal language commonly found in financial and legal documents and the potential benefits of adopting plain language Serafin examines the potential impact of the Plain English initiative on various stakeholders, such as investors, lawyers, and companies He notes that plain language can improve investors' understanding of financial information and enhance their decision-making abilities The author acknowledges the concerns raised by lawyers regarding potential liability risks associated with using plain language but argues that these concerns can be addressed through proper training and guidelines Plain English enhances trust and credibility by promoting transparency and reducing ambiguity Clear communication of complex concepts builds trust with the audience Using plain language shows that the organization values clear communication and respects the readers' time and comprehension Example: PEC promotes clear language in public communication in the UK PEC was founded in 1979 to promote Plain English principles by discouraging the use of jargon and complex language They aim to enhance communication by simplifying 38 language, offering standards and assistance to people and groups, and eradicating confusing terminology PEC has accomplished much, such as creating the Crystal Mark accreditation, the Plain English Awards, running campaigns, and providing consulting and training services They improved public communication in various sectors by making it more accessible, transparent, and informed PEC has made undeniable efforts to adopt Plain English, despite their past reputation Using plain language can save organizations a lot of money Using plain language in business documents can prevent misunderstandings, disputes, and legal battles Clear communication saves time and resources by reducing customer inquiries and support calls Example: The article “If It's Easy to Read, It's Easy to Claim” examines the impact of the readability of insurance contracts on consumer expectations and conflict behavior The researchers find that when insurance contracts are written in clear and understandable language, consumers have higher expectations of coverage and benefits, leading to a greater belief in their protection and likelihood of receiving compensation By adopting plain language principles, insurance companies can improve customer experiences and minimize misunderstandings and disputes Prioritizing readability allows customers to make informed decisions, accurately assess their coverage, and engage in fewer conflicts with the insurance company Thus, utilizing plain language can foster better relationships with customers and contribute to a smoother insurance claims process In summary, research and practical cases show the advantages of using Plain English Clear communication benefits organizations in various sectors by improving comprehension, accessibility, trust, and credibility Using Plain English is a practical choice for businesses and institutions to improve communication and relationships with their audience 39 5.3 Examination of expert opinions and perspectives on the role of Plain English in legal language reform Scholars and professionals in the legal field recognize the importance of using Plain English in legal language reform This approach can enhance accessibility, comprehension, and transparency in the legal system Legal experts emphasize the significance of using Plain English in legal documents Bryan Garner, a respected expert in legal writing, has advocated for the use of Plain English in the legal profession The author posits that using language that is both clear and concise can improve the accessibility of legal communication to the general public, while also increasing the efficiency and effectiveness of communication among legal professionals Garner highlights the significance of employing Plain English to facilitate communication between lawyers and clients, foster equity in legal proceedings, and guarantee comprehensibility of the law for everyone Specifically, he said in The Redbook: A Manual on Legal Style: “A lawyer should keep in mind that the purpose of communication is to communicate, and this can’t be done if the reader doesn’t understand the words used.” Justice Antonin Scalia, a former U.S Supreme Court Justice, supported the use of plain language in legal writing He believed that using complex and convoluted language can impede the administration of justice The individual contended that the law ought to be drafted in a manner that is comprehensible to the general public, without necessitating any specialized legal expertise Scalia espoused the view that legal texts that are written in a clear and straightforward manner foster transparency, facilitate impartial interpretation, and empower individuals to comprehend and assert their legal entitlements In their press interview for the book “Making Your Case”, Justice Scalia and Bryan Garner emphasized the importance of writing with clarity They argued that prioritizing clarity over stylistic elegance can prevent opponents from misrepresenting or distorting the intended meaning of the writing Scalia's utilization of masculine generics is inconsistent with his emphasis on lucidity.1 Rose, L M (2010) The Supreme Court And Gender-Neutral Language: Setting The Standard Or Lagging Behind? Duke Journal Of Gender Law & Policy, 17:81, 49 http://www.lawprose.org/interviews/supreme_court.php 40 Clarity, a global organization committed to advancing the use of clear and concise legal language, has compiled feedback from legal experts who advocate for the adoption of Plain English The organization highlights the importance of using plain language in legal communication This approach enhances accessibility to justice, minimizes ambiguity and confusion, and fosters effective communication between legal practitioners and their clients Clarity advocates for the use of plain language in legal writing, as it not only benefits individuals without legal expertise but also improves the efficiency and efficacy of legal procedures Their guiding principle is “Making the simple complicated is commonplace; making the complicated simple, awesomely simple, that’s creativity.” which inspired from Chales Mingus Legal experts recognize the significance of using Plain English in the reform of legal language The argument posits that the use of plain and comprehensible language in legal documents enhances accessibility, comprehension, and transparency Legal professionals can enhance the accessibility of the law, promote fair interpretation, and facilitate efficient communication within the legal system by utilizing Plain English 5.4 Limitations and gaps in the existing literature on Plain English in the legal field Even though the existing literature on Plain English in the legal field has made substantial contributions, there are still limitations and voids that must be acknowledged Understanding these limitations can guide future research and contribute to the development of more comprehensive strategies to combat the exclusionary nature of legal languag Among the most important limitations and voids in the literature are: Emperical Research: Despite recognizing the importance of plain language in the legal field, there is a relative scarcity of empirical studies that rigorously evaluate the effectiveness of Plain English initiatives While anecdotal evidence and case studies exist, more empirical research is needed to assess the impact of plain language on different stakeholders, such as legal professionals, litigants, and the general public In Viet Nam, the number of articles about this subject is limited and usually irrelevant to their main theme A stronger evidence base would provide valuable insights into the outcomes and benefits of Plain English in various legal contexts 41 Comparative Analysis: The current body of literature frequently fails to provide a thorough comparative analysis of Plain English initiatives in various legal jurisdictions Although some studies may concentrate on particular regions or countries, it is essential to conduct more extensive comparative research that examines the similarities and differences in plain language strategies, regulatory frameworks, and their efficacy Conducting a comparative analysis can assist in identifying optimal procedures and facilitate the creation of uniform directives for using Plain English within the legal domain Cultural and Linguistic Considerations: The literature primarily concentrates on English-speaking jurisdictions, specifically the US and UK Insufficient research exists regarding the unique difficulties and remedies associated with legal language in nations where English is not the primary language and in multicultural settings The Legal English material pertaining to Vietnam's jurisdiction is insufficiently researched and contains imprecise and general information The comprehension and effectiveness of Plain English initiatives are influenced by cultural and linguistic factors Therefore, it is important to examine these dimensions in order to adopt a more inclusive approach Long-Term Effects: Numerous studies in the literature concentrate on the immediate consequences of plain language initiatives, such as enhanced comprehension or legibility of legal documents, while long-term effects are often overlooked There is a lack of research that investigates the enduring impact of using Plain English in legal proceedings, its influence on access to justice, and resulting outcomes Studying the lasting effects of plain language reforms can offer valuable insights into their effectiveness and limitations Long-term longitudinal studies are required to evaluate the sustainability and enduring impact of Plain English initiatives Intersectional Perspectives: The current body of literature predominantly centers on the accessibility of legal information and resources for the general population, without taking into account intersectional perspectives More research is needed to explore the difficulties that marginalized and disadvantaged communities encounter when trying to comprehend legal terminology Examining how various factors, such as race, ethnicity, socioeconomic status, disability, and language proficiency intersect can reveal how complex legal language disproportionately affects marginalized 42 communities To ensure the inclusivity and effectiveness of plain language initiatives, it is imperative for future research to consider intersectional perspectives and the diverse needs of all members of society In summary, although the current body of literature on the use of plain language in legal contexts has yielded valuable findings, there remain notable deficiencies and areas for further investigation It is recommended that future research prioritize empirical studies, comparative analysis, cultural and linguistic factors, long-term impacts, legal professionals' viewpoints, technology integration, and intersectional perspectives By acknowledging and filling these gaps, scholars and professionals can create more all-encompassing approaches to combat the discriminatory tendencies of legal terminology and promote a legal system that is more open and accommodating 43 CONCLUSION In conclusion, the concept of Legal English, as discussed in the works of Mellinkoff, Tiersma, and Hudson, encompasses a specialized form of language used in legal documents and communication, characterized by its technical terminology, complex sentence structures, and historical and cultural influences However, this specialized language has often been exclusive and inaccessible, posing challenges for effective communication within the legal domain The use of Plain English, as advocated by Mellinkoff and supported by other scholars, offers a solution to address the problems associated with Legal English The application of Plain English principles, including the use of clear, concise, and easily understandable language, free from legal jargon, can enhance the transparency and accessibility of legal communication By simplifying legal language and tailoring it to the needs of the audience, including legal professionals, clients, and the general public, the barriers to understanding and communication in Legal English can be mitigated Furthermore, understanding the linguistic aspects of legal language, as highlighted by Tiersma, is crucial for effective communication in the legal domain Legal professionals need to have a proficient understanding of the technical vocabulary, syntax, and discourse patterns characteristic of Legal English By applying Plain English principles and simplifying complex language, legal professionals can communicate more effectively and promote transparency and accessibility in legal communication The historical and cultural influences on Legal English, as discussed in Hudson's work, also underscore the need for Plain English in dealing with legal language problems Historical events, such as the Norman Conquest and the rise of legal institutions, have shaped the complex language of Legal English, making it exclusive and inaccessible to many By using Plain English, legal communication can be made more inclusive and comprehensible to a wider range of readers In conclusion, the use of Plain English is a valuable tool in dealing with Legal English problems It promotes transparency, accessibility, and inclusiveness in legal communication, making it more understandable to various audiences Legal professionals should strive to simplify legal language and adhere to Plain English 44 principles to enhance effective communication within the legal domain and bridge the gap between legal professionals and the general public By recognizing the challenges posed by Legal English and implementing Plain English principles, legal communication can be more efficient, transparent, and accessible, ultimately contributing to a more just and equitable legal system 45 BIBLIOGRAPHY Black, H C., Nolan, J R., & Connolly, M J (1968) Black’s Law Dictionary (1st–4th ed.) Black, H C., Nolan, J R., & Connolly, M J (1979) Black’s Law Dictionary (5th ed.) West Publishing Company Bryan A Garner (2001) Legal Writing in Plain English Harvard University Press Bryan A Garner (2002) The Elements of Legal Styles (2nd ed.) Bryan A Garner (2002) The Redbook: A Manual on Legal Style (3rd ed.) 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