What is Colorful language?
Colorful language refers to phrases that are used to describe particular legal concepts. Some wonderfully colourful phrases lawyers do use are ‘eggshell skull’, the fertile octogenarian (and her friend), the ‘precocious toddler’), the ‘man on the Clapham omnibus’ (or in Australia, the Bondi tram, or in Hon Kong, the ‘Shau Ki Whan tram’). Then there the ‘snail in the ginger beer bottle’ and the verb ‘Mirandize’.
These colourful expressions are used to create fun and they also help to make a legal principle easier to remember. They are descriptive and they enliven legal communication. In fact, colourful language stands for legal shorthand which is used to make communication lively and memorable. Michele M Asprey suggests that lawyers should use such expressions if the readers are expert and if they function as legal shorthand to convey complicated idea in a pleasant and lively manner. But use of such expressions must not decrease the efficiency of legal communication.
What are terms of art?
Terms of art refer to special terms that are loaded with meaning and might be difficult, or even dangerous to do without. In other words, ‘Terms of art’ are technical words used by lawyers as legal shorthands to talk about particular legal concept. They are the words that carry heavy meaning in particular context. Some examples of such words are ‘indemnify’, ‘estoppel. Michele M Asprey argues that ‘estoppel’ might be a term of art if someone is pleading estoppel as part of a cause of action or making a submission to a judge, referring to the doctrine of esoppel.
Professor Mellinkoff says that correct use of his terms of art marks a lawyer. This reflects the idea that use of terms of art must not be confusing and misleading. Only a linguistically competent can make appropriate use of terms of art. As these words are reserved for the experts, it is better to use true alternatives to terms of art. Michele M Asprey argues that there are alternative words that are easier and more common, and it may not be necessary to use the terms of art at all.
Legal buzzwords
Legal buzzwords are words and phrases which are odd but more like the secret language of a club. They seem to be picked up at a law school, perhaps from reading cases and from talking to lawyers. According to Michele M Asprey, lawyers pepper their conversations with expressions such as ‘on all fours with’, ‘cover the field’, ‘at first blush’, ‘jointly and severally’, ‘a fortiori’, ‘otiose’ and ‘nugatory’. Legal buzzwords seem to be reserved for the legal club.
Many lawyers use legal buzzwords as legal shorthand to make legal communication more efficient. But if they have complex legal descriptions and they have easier equivalents there are no valid technical reasons for using them. If they create confusion among non-lawyers, everyday equivalents should be preferred. Those who intend to use legal buzzwords, they have to watch that they don’t set up barriers in communication.
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