- "For trial lawyers who are pressed for time during motion practice, making a point by cliché might seem like the simplest and most effective way to convey their message. But using clichés in legal writing can be a risky business."
- In Eminence Capital v. Aspeon, 316 F.3d 1048 (9th Cir. 2003), "Judge Stephen Reinhardt wrote separately to stress the particular problems caused by the use of clichés. He explained that clichés too often “provide a substitute for reasoned analysis.” When used in that manner, “they deaden our senses to the nuances of language so often critical to our common law tradition.” Because our legal system depends upon a “process of adaptation and progress” achieved through application of general principles to specific facts, it “necessitates the careful exposition of prose.” Thus, in trying to discern whether a result comports with the applicable statutes, rules, and case law, “the biting of apples does not help us.”"
And don't miss this month's CLA's Litigation Section's Sept. 2019 Litigation Update.
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