Flannel

Negotiation Anatomy™ →Go uptown Walk-away | Escalation | Algorithm | Heuristic | subject matter expert | Operationalisation | Playbook | Smart contract | Dead horse | Knife fight | 7 wastes | Cruddy legal advice Index: Click ᐅ to expand: Negotiation Negotiation hacks Contract Tell me more Sign up for our newsletter — or just get in touch: for ½ a weekly 🍺 you get to consult JC. Ask about it here.

Flannel is a cotton material of a peculiarly absorbent character, cut into small toweling squares, in which state it is used with abandon by diligent lawyers the world over to protect their livelihoods and cover a multitude of ills: A profound hatred of the language in which they ply their craft; a clear understanding of the economic fundamentals of the legal arrangements their verbiage is articulating.

Who, why, which or what —
Does flannelette flag?
Is it a towel? A kerchief? A hanky? Or rag?
Does it sit in your pocketbook, briefcase, satchel
Or bag?

Not to be confused with “verbiage”, flannel is calculated to make simple propositions seem complicated. For organisms of the genus causidicus mediocris, flannel has clear adaptive benefits in as much as it makes one think, “ho, look out, I’d better check this with legal”

Flannel suggesting profound ontological uncertainty, fear etc.

• and/or
• and, as the case may be, or
• any type, kind or variety
• any and all
• all, or substantially all
• all or any part thereof
• directly or indirectly
• for the avoidance of doubt
• howsoever described
• in whole or in part
• irrespective of
• may or may not be
• now or hereafter in effect
• one or more
• or any part thereof
• or otherwise
• tangible or intangible
• together or alone
• whether or not
• without limitation, including, but not limited to, including, without limitation and any of its manifest variations

Nominalisation

• take action to ~
• constitutes and does not constitute
• failed to perform its obligation to make any payment ==> failed to pay
• shall have the meaning specified in ==> is defined in

General flannel

• by or on behalf of
• for the purposes of
• in accordance with
• as soon as possible but in any event not later than
• at all material times
• as the case may be
• by or on account of
• calculated
• effect
• entered into under
• for the avoidance of doubt
• for the time being
• from time to time
• however described
• if and to the extent that
• if any
• in any such case
• in its absolute discretion
• in the event that
• in the circumstances in which ==> Where
• may, at its discretion ==> may
• notwithstanding anything contained herein to the contrary
• notwithstanding the foregoing
• on a daily basis ==> daily
• on an expedited basis ==> quickly
• on or about
• on the part of
• proceed on the basis that
• provided, however
• pursuant to
• shall
• shall, at its discretion
• shall be deemed
• suffers or permits
• supplements, forms part of and is subject to
• the parties acknowledge that...
• the terms of this agreement
• to the maximum extent permissible by law
• unless and until
• upon the occurrence of
• unless otherwise agreed

Plain English Anatomy™ Noun | Verb | Adjective | Adverb | Preposition | Conjunction | Latin | Germany | Flannel | Legal triplicate | Nominalisation | Murder your darlings