Making the law understood: the case for clarity in legal communication

Communication sits at the very heart of legal practice. Long before strategy, procedure, or advocacy comes into play, the lawyer’s primary task is both simple and demanding: to make the law understood, writes Esther Chimbo of Eaglex Law Practice in Nigeria.

OPINION

A client receives a contract and reads: “The party of the first part shall, upon execution hereof, indemnify and hold harmless…” 

After a few lines, they pause, reread, and then set the document aside, uncertain, not because the issue is complex, but because the language is.

Communication lies at the heart of legal practice. Yet, communication is incomplete in the absence of understanding. Long before strategy, procedure, or advocacy come into play, a lawyer’s primary task is both simple and demanding: to make the law understood.

This, however, is easily overlooked. The legal profession is steeped in technical language and layered concepts, with precision often conveyed through dense legalese. Over time, lawyers begin to think, reason, and communicate in this language. In doing so, a subtle but significant gap can emerge, the divide between what is said and what is actually understood.

Communication, in its truest sense, is not the mere transmission of information, but the successful transfer of meaning. A lawyer may produce a report that is technically flawless, accurate, thorough, and legally sound. Yet, if the client is left confused or uncertain, the purpose of that communication has not been fulfilled. 

The law has been stated, but it has not been conveyed.

This underscores a balance lawyers must consciously maintain: precision on one hand, clarity on the other. These are not competing objectives, but achieving both requires deliberate effort. It requires resisting the reflex to default to technical language and pausing to ask a simple question: will this be understood? 

Where technical terms are unavoidable, they should be accompanied by clear, concise explanations.

In practical terms, clarity is achieved through disciplined communication techniques. This includes the use of plain language, replacing legalese with familiar, everyday words (for example, “sign” instead of “execute,” or “start” instead of “commence”). It also requires the consistent use of active voice, which produces clearer and more direct sentences, such as “the client signed the agreement” rather than “the agreement was signed by the client.”

Equally important is structure. Sentences should be kept concise, ideally within 15 to 25 words, and complex ideas should be broken into digestible, single-topic paragraphs. Logical organisation further enhances readability through the use of clear headings, bullet points, and lists, allowing the reader to navigate the document with ease. Where appropriate, visual aids such as charts, diagrams, and tables can be employed to simplify and clarify complex information or processes.

Admittedly, this is not always easy. 

Legal training conditions lawyers to operate within a particular linguistic framework; one that clients often do not share. Without care, legal language can become a barrier, creating confusion, distance, and even mistrust.

The converse, however, is equally powerful. Clear communication does more than inform, it reassures. It signals attentiveness, builds trust, and positions the lawyer not merely as an expert, but as a guide.

This concern extends beyond client interactions to legal writing more broadly, particularly judicial decisions. One may reasonably question how accessible many judgments are to the individuals they affect. Decisions written with clarity, without sacrificing rigor, are more engaging, more intelligible, and ultimately more effective in reinforcing confidence in the legal system.

In the final analysis, effective legal communication is not measured by how sophisticated it sounds, but by how well it is understood. The true skill lies in simplifying complexity without diluting meaning. 

The law, however intricate, was never intended to be obscure. The lawyer’s task is not only to know it, but to make it known.

Esther Chimbo is an Associate at Eaglex Law Practice in Nigeria, where she advises on diverse legal and commercial matters. She is committed to delivering clear, commercially sound, and client-focused solutions, with a particular interest in demystifying the law through effective communication.