Language is a fundamental skill for lawyers. Whether it’s a legal document written by a solicitor or a barrister’s closing argument, the legal world hinges on language. If you’re hoping to work in the profession you’ll need to ensure the language you use is not only clear and legally solid, but also inclusive. We explore the importance of inclusive language, how it can support your work and create a fairer workplace for everyone.
By Grant Longstaff. Published 11 September 2024.
What is inclusive language in the legal profession?
Inclusive language avoids words and expressions which could potentially exclude or marginalise individuals based on several characteristics. These characteristics include, age, disability, gender, sexual orientation (LGBTQ+), ethnicity or race, religion or beliefs, wellbeing, caring responsibilities and socioeconomic status. It can also help challenge stereotypes and prejudices. Inclusive language is simply about using terms which respect the diversity present in society.
Why inclusive language matters for lawyers
No matter what your role might be within the legal world, you’ll rely on the words you use at every stage. Consider how the way you communicate can change how someone feels. A small adjustment could make a huge difference and, by choosing to use inclusive language, you’re better equipped to work with and represent people from all walks of life.
Inclusive language in law can help improve workplace culture by creating a more respectful workplace, strengthen relationships between both colleagues and clients, and goes some way towards creating a more inclusive approach to legal practice and the law.
The impact of language on clients and colleagues
The Solicitors Regulation Authority (SRA) monitors the diversity of the firms it regulates and publishes the data every couple of years. Their most recent data shows the legal world is slowly becoming more diverse, though more work still needs to be done. By using inclusive language, and being mindful of those you work with, firms and practices can help improve their reputation. A progressive organisation, who respects and reflects modern society, will attract a more diverse workforce and client base.
Inclusive terminology for lawyers is also becoming increasingly important as the law evolves to reflect and promote inclusivity. If you’re mindful of these changes and embrace respectful language you’ll be better qualified to handle whatever comes your way.
Common biases in legal language
One of the most common biases is gendered communication or descriptions. Defaulting to masculine pronouns is something you may come across in the legal profession, especially if you’re dealing with historical documents. Though less common than it once was, you may still find instances of it.
You’ll also find some words and phrases still commonly used today could cause offence. Take “hysterical” for example. Historically hysteria was defined as a disease, with wide and varied symptoms, affecting only women. Modern medicine rejects the concept, but sexist connotations still surround the word.
How to identify non-inclusive language
There are some steps you can take to identify non-inclusive language, and much of it comes down to consideration and a little knowledge. Are you making an assumption about a person? Their name? Their behaviour? A moment of self awareness can be enough to avoid potentially harmful language. Another great way to achieve equity in legal language is to just ask. You’ll likely find people appreciate you taking the time to find out more information in order to avoid causing offence.
It can be tricky, but staying as up to date as you can with linguistic progression can help ensure respectful language in legal practice. There are plenty of resources to help with this. The Law Society has a number of guides, including their D&Ictionary, an insightful guide to different terminology. Oxfam’s Inclusive Language Guide is also another useful resource for expanding inclusive terminology. Dr Sarah Mohammad-Qureshi, our Head of Equality, Diversity & Inclusion, also has some advice on how to be an ally and advocate for change.
Tips for using inclusive language in legal documents
Legal documents are respectful and professional by nature. Adjusting your language to become more inclusive is likely an easy change and promotes language inclusivity in legal writing.
Inclusive legal communication strategies include referring to someone by their position. For instance, using “my client” or “the doctor” on a legal document instead of pronouns is more inclusive. It’s also useful to avoid gendered job titles such as “policeman”. If pronouns must be used then using “they” or “the person” can help avoid bias.
It’s also good practice to avoid legal jargon. Sometimes legal language can be difficult to comprehend so ensure your papers are understandable and written in plain English. In the instances where you must use jargon, follow it with an explanation. Your work should be accessible to everyone, regardless of their background.
Inclusive language in courtroom settings
Similarly to legal documents, the courtroom is a place of respect and fairness. Address individuals by their preferred pronouns. Ask if you’re unsure. Avoid assumptions. Remain professional and rely on the facts.
One of the most useful approaches is to examine your own language. Are your chosen words likely to perpetuate a stereotype? Avoid biased and subjective descriptions which could result in offence. There are many eyes on you in a courtroom. Language can impact not only the person you’re addressing, but whoever is present, and this could have a negative effect on your case.
Legal terms and phrases to avoid
You’ll likely already have a good idea of what words and phrases to avoid. If it’s going to have a detrimental result, then it’s simply best to avoid it. However, it’s always worth reviewing your vocabulary and asking others for support. Likewise, if you hear a colleague use something inappropriate don’t be afraid to suggest a change.
You’ll still encounter countless examples of non-inclusive language, some of which we’ve highlighted above. However, you’ll soon learn to recognise those words and phrases – phrases such as “manpower”, “housewife”, “mental”, and “falling on deaf ears” – which may cause offence and substitute them for more appropriate and inclusive alternatives.
By embracing inclusive language you’ll be better prepared to represent a wide range of clients and build respectful relationships with everyone you encounter.
If you’re interested in equality, diversity and inclusion in the legal profession then our postgraduate LLM in Legal Ethics is the perfect way to enhance your knowledge.
