The Problem of Legal Language: A Comparative Analysis of the Kenya Civil Procedure Rules 2010 and the 1998 England Rules of Procedure
Grant Gilmore of Yale has been quoted describing Christopher Langdell, a professor at Harvard Law school as essentially “a stupid man who early in his life hit on the casebook method, an idea that was absurd, mischievous and deeply rooted in error” an opinion that I strongly disagree with. However I do agree with the opinion of Joseph Kimble, Plain Language Michigan Bar Journal, November 2006, where he states that the case book method has had one harmful if unintended consequence for helping perpetuate legalese. Joseph Kimble states that legalese should be distinguished from terms of art such as habeas corpus, indemnity and tortious interference with a contract . He describes legalese as high faulting legal jargon such as hereinbefore stated, in the instant case, pursuant to and said claims or such claims. He further laments that use of legalese costs clients’ money, impairs persuasiveness and detracts a writer’s reputation. Bryan Garner [1] , in his article Learning to loathe