B is for Boilerplate

Everybody wants to use shortcuts whenever possible. So boilerplate came to be to allow lawyers (and other professions, I presume) to save time when producing legal documents. In other fields, one might have "standard forms" or "precedents" or form letters, and so on.

The use of boilerplate text and boilerplate code has become a necessity in producing machine-assembled documents and software, respectfully.

But it is negligent to use boilerplate under 2 conditions:
1. you do not know what it means,
2. you have not read it carefully to determine whether it suits the present use you have in mind.

Young lawyers seem to worship boilerplate even though they do not have a clue whether it properly reflects current law or suits the client's interest. I caution them in my book, Plain Language Legal Writing:

"... remember you will always need to reinvent the product for each client and legal situation since you cannot rely on boilerplate clauses and precedent or standard forms."

Since we call boilerplate documents precedents here in Canada, I wrote:

A Caution on Precedents

It is a mistake to use wording from a precedent if you do not understand the meaning and effect of the wording. You should never assume that a precedent is adequate for your needs even if that precedent is commonly used in the legal community or in your office.

An effective way to edit a precedent written in out-dated legalese is to follow this two-step process:

First, rewrite the material in your own words to confirm that you understand its meaning and effect.

Second, edit and revise your version for clarity and conformity with the firm’s official style.

In working with precedents, you will often find gaps, omissions, and ambiguities that have been overlooked in previous uses. By revising and updating the material, you are actually making it more accurate and effective.

When you are drafting fresh material, it helps to look at a precedent after your first draft – to check if you have missed any common components.

Often formbooks containing precedents and model agreements also have checklists for contents. Review and use these checklists when appropriate."

Write Like Seth

If Seth Godin can translate from legalese, anyone can do it. Check out his rewrite of a florist's legal notice.

In Honor of Lego's 50th Anniversay

The legal description:

A rectilinear array of uniform, smooth-sided, flat-topped, cylindrical, co-planar protuberances, the proportions of height, diameter and center-to-center spacing of which are approximately 2 : 5 : 8. Where there is more than one row of protuberances, they are arranged in mutually orthogonal rows and columns.

Kirkbi AG v. Ritvik Holdings Inc. 2005 SCC 65 at para. 41

Sunday Blues

Starting a new tradition of weekend entertainment posts:

Visit MySpaceTV for Randall Crow's Rocking Blues Band
http://vids.myspace.com/index.cfm?fuseaction=vids.individual&VideoID=26909457

Weekly ABCs

I need somebody to kick me in the behind to get me to post to this blog.

My sister has done it (metaphorically).

She has participated in a group project to post to one's own blog every Wednesday on a subject arising from the weekly letter of the alphabet. This reminder worked well for her and she has finished her first run-through of the alphabet.

So I am joining in and planning to post each Wednesday. Today is "A". Let's start with "apposite".

American Heritage Dictionary
ap·po·site
(āp'ə-zĭt)
adj. Strikingly appropriate and relevant. See Synonyms at relevant.

I am saying to you: Do not use fancy words like apposite. It may make you look cool and erudite to some people, but most people will misunderstand. And, believe me, they will not look it up.

Stop trying to use the best word. Use the simplest word. Make it easy for us, the readers.