Plain Language vs. Legal Language: Which to Use in Your Agreement
You sit down to write your casual agreement, and suddenly you are wondering whether it should sound like a legal contract or a normal human conversation. Should you write "hereinafter referred to as" or just use first names? "Shall" or "will"? "In the event of termination" or "if this ends"?
The short answer: for most casual agreements, plain language wins. But there are situations where borrowing from legal language helps. Here is how to decide.
What Plain Language Looks Like
Plain language means writing the way you would explain the terms to a friend over coffee—clearly, directly, without jargon.
Plain language example:
If either of us wants to end this arrangement, we will give the other person at least two weeks' notice by text or email. During those two weeks, the financial terms stay the same. After the arrangement ends, we will both delete any private photos within one week.
Legal language version of the same terms:
In the event that either Party wishes to terminate this Agreement, said Party shall provide no less than fourteen (14) calendar days' written notice to the other Party via electronic communication. During the notice period, all financial obligations set forth in Section 3 shall remain in full force and effect. Upon termination, both Parties shall destroy all confidential media as defined in Section 5 within seven (7) calendar days.
Both versions say the same thing. One is immediately understandable. The other requires careful reading and possibly a law degree.
Why Plain Language Usually Wins
Both Parties Actually Understand It
The most important quality of any agreement is that both parties understand what they agreed to. If someone signs a document full of legal jargon they do not fully comprehend, the agreement has failed at its primary job—even if it is technically well-written.
Most people in casual arrangements are not lawyers. Writing in plain language ensures that the terms are accessible to both parties, which means both parties can genuinely consent to them. This directly connects to ensuring both parties can actually say no—you cannot meaningfully consent to terms you do not understand.
It Forces Clarity
Legal language can hide vagueness behind impressive-sounding words. "Party A shall provide adequate financial consideration in accordance with the spirit of this Agreement" sounds official but means nothing specific.
Plain language demands specificity: "Alex will send Jordan $2,500 by bank transfer on the first of each month." There is nowhere to hide.
It Reduces Power Imbalances
If one person is comfortable with legal language and the other is not, using legal language gives the first person an advantage. They understand the terms better, can spot issues more easily, and may even be able to slip in provisions the other person does not fully grasp.
Plain language levels the playing field. Both parties start from the same position of understanding. For more on this dynamic, see our article on recognizing power imbalances.
It Is Easier to Amend
When terms are written in plain language, discussing changes is straightforward. "Can we change the notice period from two weeks to one month?" is a simple conversation. Negotiating changes to dense legal text is more intimidating and time-consuming, which means people are less likely to propose amendments when they should.
When Legal Language Helps
Despite all the advantages of plain language, there are situations where borrowing from legal conventions makes sense:
When Enforceability Matters
If there is any chance your agreement could be tested in a legal context—a cohabitation agreement involving property, a business partnership with real money at stake—legal language can improve enforceability. Courts are more accustomed to interpreting legal terms, and certain legal phrases have well-established meanings that reduce ambiguity.
In these cases, consider having an attorney draft or review the agreement while keeping the language as accessible as possible.
For Specific Clauses
Even in a mostly plain-language agreement, certain sections benefit from more precise language:
- Confidentiality: Terms like "survives termination" have specific legal meaning and are worth using.
- Intellectual property: If your agreement involves creative work or business ideas, precise ownership language prevents disputes.
- Liability: Phrases like "holds harmless" or "indemnifies" carry specific legal weight when correctly used.
You can use legal language for these specific sections while keeping the rest of the agreement in plain language. Just make sure to explain any legal terms in parentheses or a footnote.
When Both Parties Are Comfortable With It
If both of you have experience with legal documents and prefer that style, there is nothing wrong with using it. The key criterion is not which language style is objectively "better" but which one both parties fully understand.
The Hybrid Approach
For most casual agreements, the best approach is a hybrid: plain language for the substance, with occasional legal conventions where they add precision.
Example of hybrid language:
If either of us wants to end this arrangement, we will give the other person at least 14 days' written notice. Financial support continues through the notice period. After the arrangement ends, confidentiality obligations continue indefinitely (meaning they do not expire—what was private during the arrangement stays private after it ends).
This example uses plain language for readability but borrows legal conventions (specific day counts, "written notice," "survives termination" explained in plain terms) for precision.
Practical Tips for Writing in Plain Language
Use Short Sentences
Legal documents love compound sentences connected by semicolons that go on for five lines. Do not do that. One idea per sentence.
Use "Will" Instead of "Shall"
"Shall" is a legal convention that adds formality without adding clarity. "Alex will provide" is just as clear as "Alex shall provide."
Define Terms Simply
If you use a term repeatedly, define it the first time: "Monthly support (the $2,500 bank transfer described below)..."
Use Active Voice
- Passive (legal style): "Notice shall be provided by the terminating party."
- Active (plain language): "The person ending the arrangement will give notice."
Read It Out Loud
If a sentence sounds awkward when spoken, rewrite it. Your agreement should be something both parties could read aloud without stumbling.
Use Headers and Bullet Points
Break the agreement into clearly labeled sections with descriptive headers. Use bullet points for lists. This makes the document scannable and helps both parties find specific terms quickly.
What People Get Wrong
"It has to sound legal to be taken seriously." No. It has to be clear to be taken seriously. A plainly written agreement that both parties understand and follow is infinitely more useful than a legal-sounding document that one person signed without fully understanding.
"Plain language means informal." Plain language does not mean casual, sloppy, or vague. It means clear, direct, and accessible. You can be precise and specific while using everyday words.
"Legal language protects you better." Legal language protects you better only if (a) you understand it, (b) it is drafted correctly, and (c) it would be tested in a legal setting. For most casual agreements, none of these conditions apply. Poorly drafted legal language is worse than well-written plain language.
"We can just use a template." Templates are a starting point, not a final product. Whether the template uses legal or plain language, you need to customize it for your specific arrangement. For guidance on structuring your agreement, see our step-by-step guide.
The Bottom Line
Write your agreement in the language both of you understand best. For most casual arrangements, that means plain language with occasional legal precision where it counts. The goal is not to impress anyone—it is to create a document that both parties can read, understand, and follow.
Clarity is the point. Everything else is decoration.
For more on crafting effective agreements, visit our Writing Your Agreement hub.