Dear Legal Writer, Lawyers play WAY too fast and loose with “clearly.”
You should banish the word from your vocabulary—especially in a brief.
ORIG: Plaintiff is clearly wrong. 👎
REV: Plaintiff is wrong. ✅
The second one lands harder.
Here’s why:
Like every adverb, “clearly” is hollow. It proves nothing.
-Saying something is "clear" won't make a court think it's clear.
-Saying your opponent is "clearly" wrong won't make a court think they're wrong.
So the word does zero work, yet it risks real damage:
🔻 It makes the judge feel like an idiot—if the judge doesn't see it as clear.
🔻 It raises your burden. The law requires sufficiency, not obviousness. Don't raise your own bar.
🔻 It erodes your credibility. It implies anyone who disagrees is obtuse. Risky, with a judge.
🔻 And it can backfire. "Clearly" sounds like you’re shouting, not arguing. And shouting never accomplished anything.
So banish “clearly.”
Show it.
Don't shout it.
💌 Amanda
#DearLegalWriter