Legal value: Difference between revisions

41 bytes removed ,  15 September 2023
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{{a|mgmt|{{image|Barncacle|jpg|[[For the avoidance of doubt]] this picture contains, [[without limitation]], [[one or more]], [[as the case may be]], [[barnacle]]s.}}
{{a|mgmt|{{image|Barncacle|jpg|[[For the avoidance of doubt]] this picture contains, [[without limitation]], [[one or more]], [[as the case may be]], [[barnacle]]s.}}
}}The dilemma for professional services providers is how to show your positive contribution without actively ''destroying'' value.<ref>other than the value destruction that inevitably follows from your engagement in the first place — your professional fees, that is.</ref>
}}The dilemma for professional services providers is how to show your positive contribution without actively ''destroying'' value.


For, if I send my [[lawyer]] a 90-page [[indenture]] and it comes back unmarked, “all fine”, but accompanied by a hefty note of costs, do I ''feel'' I am getting value for money?  
For, if I send my [[lawyer]] a 90-page [[indenture]] and it comes back unmarked bar the words “all fine” scrawled across the front page, yet still accompanied by a hefty note of costs, do I ''feel'' I am getting value for money?  


Generally, I do not. Even though I might be. The [[The dog in the night time|dog that doesn’t bark in the night-time]] brings me no comfort, even if there is nothing to bark at.
Generally, I do not.  
====On non-barking dogs and night-times====
This is so even though I ''might'' be: [[The dog in the night time|a dog that barketh not in the night-time brings no comfort]], even when there is nothing to bark at.


So, [[Lawyer|lawyers]] have developed techniques for making [[Form|formal]] changes which do not alter the [[substance]], but signal that they have indeed pored over the document, subjecting it to their unique forensic consideration — that it has been buffed and polished to a high sheen. You can spot these parenthetical statements, which we call [[flannel]] in these pages, by their tells: “[[for the avoidance of doubt]]”, “[[without limitation]]...”, “[[whether or not]]...”, or “[[notwithstanding the foregoing]]...”.
So, [[Lawyer|lawyers]] have developed techniques for barking in the night-time: [[Form|formal]] alterations that alter no [[substance]], but exude the psychological safety that comes from seeing they have indeed pored over the document, buffing and polishing it to a high forensic sheen.  
 
You can spot these parenthetical statements, which we call [[flannel]] in these pages, by their tells: “[[for the avoidance of doubt]]”, “[[without limitation]]...”, “[[whether or not]]...”, or “[[notwithstanding the foregoing]]...”.


It is a [[Anal paradox|paradox]] that, however [[tedious]] it is to have some cretin add this unnecessary heft to your draft, it is even more [[tedious]] to insist upon their removal. Thus over time legal forms tend towards [[barnacle]]-encrusted, impenetrable mush.
It is a [[Anal paradox|paradox]] that, however [[tedious]] it is to have some cretin add this unnecessary heft to your draft, it is even more [[tedious]] to insist upon their removal. Thus over time legal forms tend towards [[barnacle]]-encrusted, impenetrable mush.