A cliché is a “trite or hackneyed phrase that has been repeated so often as to have become meaningless.”[1] Such phrases often contain stale metaphors.

Here are a few examples of clichés that commonly appear in legal writing:

• It is crystal clear that . . .

• At first blush, . . .

• It goes without saying that . . .

• Defendant’s argument misses the mark.

• add insult to injury

• all things considered

• at the end of the day

• by the same token

• distinction without a difference

• fall on deaf ears

• foregone conclusion

• grievous error

• in whole or in part

• it goes without saying

• landmark case

• no uncertain terms

• on all fours

• one and the same

• open and shut

• play fast and loose

• sea change

• sweeping changes

• tried and true

When you are tempted to use a cliché, rethink what you want to say and consider whether there is a fresher way to make the same point.

[1]     Garner, Garner’s Modern English Usage 995.

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Ryan McCarl is a partner at the law firm Rushing McCarl LLP and the author of the book-in-progress Elegant Legal Writing. He taught Advanced Legal Writing at the UCLA School of Law. You can follow him on LinkedIn and Twitter as well as his personal blog.