Writing

Learn to Spot the Red Flags

Clutter quietly undermines legal writing. This post shows you how to spot red-flag words and phrases and edit them out for clearer, stronger prose.
  • Joe Regalia
In legal writing, clutter is a reputation killer. Lawyers are paid to be clear, precise, and persuasive. Yet too often, traditional legal writing becomes bloated with unnecessary words, obscure phrases, and redundant language.
To quickly boost the quality of your writing, start training yourself to spot red flags—words or phrases that consistently signal clutter. Once you learn to identify these red flags, cleaner prose is only a few edits away.

Common Clutter Culprits

Let’s dive into some of the most frequent offenders that clutter your writing:
  • Throat-clearing words and phrases like “it is,” “there is,” “as such,” “the fact that,” “pursuant to,” or “with regard to.”
  • Generic filler words such as “thing” or “aspect.”
  • Excessive prepositions, especially “of,” which often indicate unnecessary complexity.
  • Nominalizations—nouns formed from verbs (usually ending in “-ion”)—that obscure stronger, clearer verbs.
  • Excessive use of “-ing” words, which can slow down sentences and obscure the action.
  • Overly formal or archaic language derived from Latin, French, or Greek when simpler Germanic-rooted words would suffice.
  • Adverbs, especially vague intensifiers like “clearly,” “very,” and “really,” which usually add no meaningful emphasis.
By actively scanning for these red flags, you begin to see your drafts through a sharper, more objective lens.

Red Flag Examples in Action

Consider a dense passage filled with red flags:
“It is clear that, pursuant to the terms of the contract executed by the parties, there are several obligations that must be undertaken by the vendor. The vendor is required to provide notification to the client in a timely manner and with regard to any delays or issues that arise.”
Now apply red-flag editing by removing clutter phrases like “it is clear,” “pursuant to,” and “there are,” and by simplifying wordy constructions:
“Under the contract, the vendor must promptly notify the client of any delays or issues.”
Notice how much more direct, clear, and effective this version is.

Common Clutter Words to Cut

Below are some of the most common clutter words that will instantly tighten your writing.
Or
Lawyers often tack on redundant phrases after “or,” adding unnecessary bulk without meaning.
  • Instead of: 
    “Terminate the employment relationship at any time for any cause or reason.”
  • Use:
    “Terminate employment at any time for any reason.”
It
“It” often signals wordiness and vague constructions.
  • Instead of: 
    “It was not until after the trial that I learned who it was that had made the statement.”
  • Use:
    “I learned who made the statement only after the trial.”
Of
The word “of” frequently signals clutter, especially when used repeatedly.
  • Instead of: 
    “Employees typically worked ten hours a day and stayed in California during the pendency of the schedule.”
  • Use:
    “Employees typically worked ten hours a day and stayed in California during the schedule.”
There Is / There Are
These phrases almost always signal filler and weak sentence structures.
  • Instead of: 
    “There are several good reasons to delay making this decision.”
  • Use:
    “We should delay this decision for several reasons.”
Past Participles
Watch for unnecessary past participles followed by prepositions, which often create redundancy.
  • Instead of: 
    “A book authored by Hoffman.”
  • Use:
    “A book by Hoffman.”

Cut Redundancy and Obviousness

Lawyers often default to redundant and overly wordy phrases. These are easy targets for quick edits:
  • Redundant phrases:
    “Null and void” simply means “void.”
    “Free gift” is just “gift.”
  • Wordy phrases:
    Instead of: “With regard to”
    Use:     “On”
Obvious additions like “namely” and “specifically” rarely clarify your message.
  • Instead of: 
    “The court explained no showing was needed. Namely, no money must be alleged in the complaint.”
  • Use:
    “The court explained no showing was needed—no money must be alleged in the complaint.”

Avoid Legalese and Clichés

Traditional legal writing is cluttered with archaic terms and tired clichés. Avoid unnecessary Latin phrases and stock expressions unless they are essential terms of art.
  • Frequent offenders include:
    “above-captioned,” “herein,” “forthwith,” “arguendo,” “ab initio,” “per se,” and “inter alia.”
  • Clichés like “the bottom line,” “a diamond in the rough,” or “time will tell” weaken arguments by distracting readers.
Spotting red flags is a skill you can quickly develop. By regularly scanning for clutter words and editing them out, your writing becomes clearer, more persuasive, and easier to read. Clutter-free writing isn’t just about aesthetics—it shows clients, colleagues, and judges that you respect their time and attention.
Start building your red-flag radar today, and watch how swiftly your legal writing improves.
Joe Regalia
Write.law co-founder Joe Regalia combines his experience as both practitioner and professor to create exciting new ways to teach legal skills.  Learn more about Joe

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