Are You Weakening Your Point with "Indicate"?
This means that Bauer said something or did something in a way that led you (or your client) to believe he was not aware of the overruns. Someone else, like a judge, might interpret the “indication” differently. And therein lies the problem: Using “indicate” leaves open whether another observer could have interpreted the “indication” differently; this causes judges to wonder. And question. Lawyers often weaken their position by writing “indicated,” rather than using the strong, direct word they mean.
P.S. I frequently see a version of the following, which not only weakens the argument, but also is oxymoronic:
Laws clearly indicate that [statute] is not applicable to the underlying contract.
We can’t “clearly communicate indirectly.” (Although some of us try.)