
Professors craft complex and nuanced fact patterns for their exams. They spend a great deal of time drafting exam problems without clear answers, problems that allow students to differentiate themselves based on their grasp of the material. Do not insult them by including words or phrases like the following in your answers: ”clearly,” “obviously,” “the only sensible conclusion,” “without a doubt.”
First of all, those words are inapposite, as the answer will not be clear or obvious. Trust me. Second, those words are rude because the professor wrote the exam to test the edges of your knowledge, not your grasp of the obvious. Accordingly, such descriptions are likely to irritate your professor. And clearly you do not want to do that.
Instead, use words and phrases that honor the complexity of the fact pattern and the competing legal, equitable and policy interests at stake. For instance, rather than saying “clearly, he is liable,” how about “taken as a whole, applicable precedent indicates that a court is likely to find him liable.” In lieu of “without a doubt,” try “the strongest argument” or “although a defensible argument could be made that X, a better legal conclusion is Y.”
Dreading your finals? We are here for you. Check out all of our Exam Week posts.
(comic: hartboy)
Nena Street is an associate in the Regulatory Affairs group at Dorsey & Whitney and occasionally writes for the Consumer Products Law blog.











Lawyerist is the #1 law practice blog. We write about marketing, practice management, career development, and more.
{ 4 comments… read them below or add one }
This is good advice for lawyers as well. Not only is the issue rarely clear or obvious, but we’ve cheapened those words through over-use. To me, “clearly” or “obviously” is code for “I don’t have that strong of an argument”.
Any advice/sources on how to write like a lawyer?
Yes. Don’t. Write like a normal person.
@lynn: beyond Sam’s snarky retort, pick up any book by Bryan Garner, especially The Winning Brief and A Dictionary of Modern Legal Usage. Garner will help you write like a normal lawyer.