What is the impact of using the passive voice in legal writing?

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What is the impact of using the passive voice in legal writing?

The impact of using the passive voice in legal writing can have both positive and negative effects.

On the positive side, the passive voice can be used to emphasize the action or event rather than the person or entity responsible for it. This can help maintain objectivity and neutrality in legal documents, as it shifts the focus away from individuals and towards the actions or events themselves. It can also be useful when the doer of the action is unknown or irrelevant.

Additionally, the passive voice can be employed to create a more formal and professional tone in legal writing. It can convey a sense of authority and seriousness, which is often desired in legal documents.

However, there are also potential drawbacks to using the passive voice in legal writing. One major concern is that it can lead to ambiguity or confusion regarding who is responsible for the action or event. This lack of clarity can be problematic in legal contexts where accountability and responsibility are crucial.

Furthermore, the passive voice can sometimes make sentences longer and more complex, which may hinder readability and comprehension. Legal documents are already known for their complexity, so using the passive voice excessively can make them even more difficult to understand.

In conclusion, while the passive voice can have some benefits in legal writing, such as maintaining objectivity and formality, it should be used judiciously to avoid ambiguity and ensure clarity for the reader.