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Greg R.'s avatar

Related experience: when I was a law clerk for a US federal judge she gave us a very clear talk about not trying to rephrase settled legal standards in new words to make them sound more interesting, because it can give the appearance of an intentional change or, just as bad, start a process of unnoticed semantic drift.

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Ziggy's avatar

I'm not sure I agree with the premise here. Central bank boilerplate is not contract boilerplate. One law firm's boilerplate will read differently than another's, and nobody cares much. What is important is that the acceleration clause is in place, there is a choice-of-law clause, a change-of-control clause, etc., etc. The style is rigid within firms because the boilerplate is assembled by junior associates, who can't be trusted with drafting ab initio. (There is also a Chesterton's fence issue--nobody in the firm knows why some clauses are there, but assumes that the earlier drafter knew what s/he was doing. Lawyers can learn a bit from modern computer programming techniques, but internal documentation doesn't fit well with billable hours.)

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