Module code: 1939

 

The Language of Laws: When English Puts on a Suit

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1 Section 1. Another Language in Plain Sight

Have you ever read a law, a contract, or a legal notice and thought: ‘This can’t be English’? You’re not wrong to feel that way.

The English of laws and statutes is very different from the English we speak every day. It follows strict, old patterns. It uses words and structures that most people stopped using centuries ago. Lawyers call this style legalese — and it really does feel like a separate language.

Why does it exist? Because legal language must be exact. Every word is chosen to avoid confusion. A contract cannot say ‘probably’ or ‘maybe’. A law cannot say ‘we’d like you to’. Instead, these texts use fixed, formulaic expressions — phrases that always appear in the same form, in the same order, with the same meaning. This makes the language predictable and precise, but very hard to read.

Here is a simple example. Both texts below say the same thing — but they say it very differently.

Text A — Legal (Statute Language):
‘Any person who shall operate a motor vehicle upon a public highway without a valid licence issued pursuant to this Act shall be liable to a fine not exceeding five hundred units of currency.’

Text B — Everyday English:
‘If you drive on a public road without a valid driving licence, you can be fined up to five hundred dollars (or the local equivalent).’

Same message. Very different worlds. Text A uses shall twice — not to talk about the future, but to create a rule. It uses words like pursuant to and liable to that almost never appear in conversation. Text B is clear, direct, and easy to understand.

In this lesson, we focus on the modal verbs that make legal English tick — especially shall, must, and will.

Key Terms

statute A written law that has been formally passed by a government or parliament
legalese The formal, complex, and often old-fashioned language used in legal documents
formulaic Following a fixed, set pattern that does not change
pursuant to In accordance with; as required by a particular law or rule
liable to Legally responsible for something; required by law to accept a punishment or pay a cost
legal language The specialised style of English used in laws, contracts, and official legal documents

2 Section 2. Three Modals, Three Jobs: Must, Shall, and Will in Legal Texts

In everyday English, must, shall, and will each have familiar meanings. But in laws, statutes, and formal contracts, these three words do very specific jobs — and those jobs are not the same as in spoken English. Think of them as tools in a legal toolkit. Each one does a different thing.

Here is your guide to what each modal means when it appears in a legal text.

SHALL

In legal texts, SHALL creates a duty or obligation. It means ‘is required to’ or ‘must do this by law’. It is the most common modal in statutes and contracts.
Collocations:
shall be required toshall notshall be liableshall take effectshall be entitled toshall comply withshall be madeshall be deemed
Examples:
  • ‘The employer shall provide written notice of termination no fewer than thirty days in advance.’ — Here, SHALL means the employer has a legal duty to do this. There is no choice.
  • ‘No person shall enter the premises without written authorisation from the competent authority.’ — Here, SHALL NOT creates a prohibition. It means this action is forbidden by law.
In spoken English, ‘shall’ is old-fashioned and rare (mostly ‘Shall I open the window?’). In legal English, it is extremely common and carries a completely different meaning — obligation, not future intention. Many legal drafters today prefer ‘must’ over ‘shall’ because ‘shall’ has caused confusion in courts. However, you will still find ‘shall’ in the majority of existing statutes and contracts worldwide.

MUST

In legal texts, MUST also creates a strong obligation — something that is required by law or by the terms of a contract. Modern legal drafters often prefer MUST over SHALL because it is clearer and less ambiguous.
Collocations:
must be submittedmust notmust comply withmust be accompanied bymust be in writingmust obtainmust be signedmust be registered
Examples:
  • ‘All applications must be submitted in writing and must be accompanied by the required documentation.’ — Both uses of MUST here create clear obligations. The applicant has no choice.
  • ‘The contractor must not subcontract any part of this agreement without the prior written consent of the client.’ — MUST NOT in legal texts creates a prohibition — a clear ‘you cannot do this’.
In spoken English, MUST can express personal obligation or strong advice (‘You must try this restaurant!’). In legal texts, MUST is strictly about formal, binding obligation. It carries no personal feeling or recommendation — only a rule that must be followed.

WILL

In legal texts, WILL is used to describe what something does or what will happen as a result of the law or contract. It states facts, consequences, or the agreed function of something. It does NOT express obligation.
Collocations:
will take effectwill be construed aswill be governed bywill be consideredwill apply towill remain in forcewill be voidwill constitute
Examples:
  • ‘This agreement will be governed by the laws of the jurisdiction in which it was signed.’ — WILL here states a fact about how the contract operates. It is not a command.
  • ‘Any clause found to be unlawful will be void and will have no effect on the remaining provisions of this contract.’ — WILL describes what happens automatically as a consequence of the law.
In spoken English, WILL is mainly used for future predictions and promises (‘I will call you tomorrow’). In legal texts, WILL is not about the future in the everyday sense. It describes the automatic operation of a law or contract — what something does, not what someone intends to do.

3 Section 3. From Legalese to Plain English: Ten Sentences Decoded

Now let’s put it all together. Below are ten sentences written in legal English. Each one is followed by a plain English version — the same meaning, but in language anyone can understand.

As you read, notice which modal verb is used in the legal version and why. Ask yourself: is it SHALL (a duty), MUST (an obligation), or WILL (a consequence or fact)?

1.
Legal: ‘All notifications required under this Act shall be made by registered mail.’
Plain English: ‘If this law requires you to send a notification, you must send it by registered mail.’

2.
Legal: ‘The licensee shall not transfer or assign this licence to any third party without prior written consent.’
Plain English: ‘You cannot give or sell your licence to another person without written permission first.’

3.
Legal: ‘Any party in breach of this agreement shall be liable for all damages arising from such breach.’
Plain English: ‘If you break this agreement, you are legally responsible for paying for any harm caused.’

4.
Legal: ‘The contractor must submit a detailed progress report within fourteen days of the end of each calendar month.’
Plain English: ‘The contractor has to send a progress report every month, within fourteen days of the month ending.’

5.
Legal: ‘All employees must be provided with a written copy of their terms of employment within two months of starting work.’
Plain English: ‘Employers have to give every new employee a written contract within two months of their start date.’

6.
Legal: ‘No person shall carry on business as a financial adviser without a valid licence issued under this Act.’
Plain English: ‘It is illegal to work as a financial adviser unless you have a valid licence from the relevant authority.’

7.
Legal: ‘This agreement will be governed by and construed in accordance with the laws of England and Wales.’
Plain English: ‘The laws of England and Wales apply to this contract and will be used to interpret it.’

8.
Legal: ‘Any provision of this contract found to be invalid will be severed from the agreement and will not affect the validity of the remaining provisions.’
Plain English: ‘If one part of this contract is found to be illegal or invalid, the rest of the contract still stands.’

9.
Legal: ‘The competent authority shall have the power to inspect premises at any reasonable time without prior notice.’
Plain English: ‘The relevant government body has the legal right to inspect any building at any reasonable time, without warning.’

10.
Legal: ‘Failure to comply with the requirements of this section will constitute an offence punishable by a fine not exceeding two thousand units of currency.’
Plain English: ‘If you do not follow the rules in this section, you are breaking the law and could be fined up to two thousand dollars (or the local equivalent).’

4 Recap: What You Have Learned

Legal English is not the same as everyday English. It follows old, fixed patterns — and it uses modal verbs in very specific ways.

Here is a quick summary of the three key modals in legal texts:

SHALL — creates a duty. It means someone is required by law to do something. It is the most common modal in statutes. ‘The applicant shall provide proof of identity.’

MUST — also creates an obligation. Modern legal writers often prefer MUST because it is clearer than SHALL. ‘All documents must be signed by both parties.’

WILL — describes a consequence or a fact about how a law or contract works. It is not about obligation. ‘This agreement will take effect on the date of signing.’

Remember: when you read a law or a contract, these words are not being used the way we use them in conversation. They are performing legal functions — creating duties, prohibitions, and consequences.

In later modules, we will look at how these same modal verbs work in spoken English — and you will see just how different the two worlds are.

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The Modal Language of Law and Statutes – Sentence Scramble

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