Said — in plain language

Plain language

a word used to refer back to a person, thing, or document that was already mentioned earlier in the same text

• the
• that
• this
• the previously mentioned

What to watch for

• Non-lawyers often find the use of 'said' to be archaic or confusing, leading them to wonder if it refers to something spoken aloud. It does not; it is purely a pointer to text written earlier.
• Translators often leave 'said' in place because it is a 'legal term,' but it is actually a stylistic crutch that makes documents harder to read. It should almost always be replaced with 'the' or 'that'.
• Using 'said' can create ambiguity if multiple items were mentioned previously. Replacing it with a specific noun (e.g., 'the company' instead of 'said company') is safer and clearer.

Why This Term Is Used. Lawyers use "said" to avoid repeating long, complex descriptions. For example, instead of writing "the property located at 123 Maple Street, owned by John Doe," a lawyer will write "said property" later in the document to refer back to that specific description.

What to Watch For.

• Clarity over formality: In modern plain-language drafting, "said" is increasingly viewed as unnecessary clutter. If you are translating a document for a general audience, you should almost always replace "said" with "the," "this," or "that."
• Ambiguity: If a document mentions two different people or two different dates, using "said" can be dangerous because it might not be clear which one you are referring to. In those cases, it is better to repeat the noun (e.g., "the first date" or "the second date") rather than using "said."

Common Misunderstandings by Non-Lawyers.

• "Does 'said' mean the person actually said it out loud?" (No — it is strictly a reference to text that appeared earlier in the document.)
• "Is 'said' required to make a contract legal?" (No — it is a stylistic choice, not a legal requirement.)

Legal definition

In legal writing, "said" is used as a pointer to refer back to something that was already described earlier in the document. It is a formal way of saying "the one I just talked about." It does not mean that anything was actually spoken out loud.

Examples

Where you'll see it

• commercial contracts
• court filings
• property deeds
• insurance policies

Related terms

• aforesaid
• aforementioned
• such

Word details

Pronunciation

SED

Part of speech

adjective

Origin

Old English — past participle of 'say' — previously mentioned

Domains

contract law, litigation, real property, administrative law

Frequency

very common

Formality

high