In accordance with? According to? These very similar phrases appear with almost unbelievable frequency in legal texts, and in such a wide variety of contexts that it is very hard to tell them apart. However, they do have slightly different meanings - and sometimes these differences are of crucial importance.
In a nutshell, ‘in accordance with’ is used to indicate that the matter referred to has mandatory effect. It means roughly the same as ‘in compliance with’. For instance:
The work must be carried out in accordance with the client’s specific instructions.
Whereas ‘according to’ generally indicates reportage. It tells the reader that the matter referred to is derived or reported from a certain source. For instance:
According to my lawyer, I could claim substantial damages for this infringement.
In case this explanation is not entirely clear, consider the following sentences:
According to the weather forecast it will rain tomorrow.
OR
In accordance with the weather forecast it will rain tomorrow.
The first of these sentences is correct – it is reportage that simply tells us what the weather forecast said. But the second – ‘in accordance with the weather forecast’ – indicates that the weather forecast actually governs the weather, which is clearly not the case.
Confusion may arise in situations in which both expressions can be used, but with different emphasis. Compare:
Rent shall be paid in accordance with paragraph 7 of the lease agreement.
and
Rent shall be paid according to paragraph 7 of the lease agreement.
The difference between these sentences is that the first tells us that paragraph 7 governs the way in which rent is paid, while the second tells us where to find the obligation to pay rent (i.e. in paragraph 7).
