Using the word “clear” in a brief guarantees the judge will suspect whatever follows.

During the Vietnam War, and leading up to his resignation, President Richard Nixon preceded many public comments with the line, “Let me make one thing perfectly clear.”

Eventually, Americans learned that whatever followed would be filled with deception, obfuscation, fabrication, and lies.

The word “clear” (and its adverb “clearly”) still enjoys the same reputation in the courtroom. I have asked between 800 and 1,000 judges and clerks what they think when they see the word “clear” in a brief. About two percent have said they don’t notice. The rest have said they not only notice, but they also suspect the lawyer is hiding something. (Which the lawyer usually is.) Close cousins are words like “obviously”:

The agreement also clearly stated that if he failed to adhere to any part of the agreement, he would be irrevocably terminated.

Bostonian obviously had no intent to hinder or delay or defraud Mercantile, as evidenced by the repayment of the loan.

WordRake editing software will help you spot these marked words, so you don’t have to be so vigilant:

The agreement also clearly stated that if he failed to adhere to any part of the agreement, he would be irrevocably terminated.

Bostonian obviously had no intent to hinder or delay or defraud Mercantile, as evidenced by the repayment of the loan.

Avoid using “clear” and similar, self-serving words, not because they’re weak and unconvincing, but because judges and their clerks are waiting for you to use them, and then you’ve just doubled the burden on yourself.