"In the instant case"

This morning I was reading a petition that had been filed in the appellate court and kept stumbling over the phrase “the instant case.” What? Did the writer mean “this case?”

Steven Stark is his excellent book Writing to Win wonders if the phrase “in the instant case” means, “if you mix powder with milk, you get a case.”

Not to get my knickers in a knot here, but what’s wrong with “this case?” Just as silly to me are the phrases “the case at bar” or “the case at hand.”

“This” is a useful and accurate word. You use it all the time in casual conversation. Don’t be afraid of it.  

Posted on August 21, 2012 by James R. Covington
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Member Comments (4)

Sorry, I thought I was the only one aggravated but such nonsence. LOL. Keep fighting the good fight.

The undersigned heretofore signals his assent to the aforementioned, as to each and every word of said document, OR, I agree.

While the vocabulary flexing may not be absolutely necessary, a little professionalism never hurt anybody either.

Harking back to law school days I seem to remember relishing in such phrases to sound erudite and, as importantly, help fill examination bluebooks. Shortly thereafter, when I was permitted to face clients (all seemingly older and wiser), I dug them out again to convince those across my desk and the judges, and probably me, that I was really a lawyer. I'm happy to have KISSed that all goodbye.

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