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To its principals, the contract preparation process is a sombre mystery. They are not ''meant'' to understand the actual words, and may cause themselves trouble if they try. It is better just to take generalised comfort that there are a ''lot'' of words, they seem legally sonorous, they are strung together in carefully constructed, if forbiddingly unbroken, slabs and the battalions of advisors who have gathered at the banquet on either side to pick them over will, by the time the busboys are serving coffee and warming up the disco, have {{strike|maximised their chargeables|made peace with the legal content}}. | To its principals, the contract preparation process is a sombre mystery. They are not ''meant'' to understand the actual words, and may cause themselves trouble if they try. It is better just to take generalised comfort that there are a ''lot'' of words, they seem legally sonorous, they are strung together in carefully constructed, if forbiddingly unbroken, slabs and the battalions of advisors who have gathered at the banquet on either side to pick them over will, by the time the busboys are serving coffee and warming up the disco, have {{strike|maximised their chargeables|made peace with the legal content}}. | ||
All that skirmishing and sniping must | All that skirmishing and sniping must surely ''do'' something, no? Must it not advance what these agents take to be their clientsʼ best interests? | ||
In the same way that | In the same way that forward lines thrust and counterthrust, the trenches in a negotiation move back and forth. The wranglers of these textual monoliths are an educated elite, so an [[emergent]] wisdom settles upon the project whose net effect — even if we cannot fathom how or why — is the principals’ comforting conviction that everything will generally be ''okay''. | ||
On this view, legal writing is designed to just occupy space. It is like that expanding polystyrene stuff they spray inside internal partition walls for soundproofing. | On this view, legal writing is designed to just occupy space. It is like that expanding polystyrene stuff they spray inside internal partition walls for soundproofing. | ||
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There is just no craft, no elegance, no design, no architectural panache, no basic economy. It is just this tortured, brutalised, monstrous torrent of dreck, from end to end. | There is just no craft, no elegance, no design, no architectural panache, no basic economy. It is just this tortured, brutalised, monstrous torrent of dreck, from end to end. | ||
These people are | These people are wizards of language, after all. They could deliver beautiful, clear, elegant product. That they don’t is a kind of final triumph of form over substance. | ||
For that is the terrifying magnificence of the attorney work product: you can’t do without it: it is a kind of ticket to ride, but your enduring hope when you board the train is that you will not need to show it to anyone; that you can ride to your destination without an inspector. |