Commentary: Stating the Obvious

Summary


We lawyers have a talent for stating the obvious. We fill our documents with self-evident drivel. Not only does this take up space, but it's part of the mind-numbing legal prose that too often clogs our writing.

The most common sentence in appellate briefs goes something like this: Appellant has filed a timely appeal, and this case is now before this court for consideration. Really? I wouldn't have known that otherwise - maybe I'd have thought that the briefs materialized on my desk for no apparent reason.

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Extract


Commentary: Stating the Obvious

One judge always put that sentence in opinions. Someone asked him once why he did it - and his reply was that, since the appellants usually lose, he wa...

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