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}}Senior, brainy, court lawyers. The [[JC]] is lucky enough to know a few, largely because he shares with them a fondness for [[cricket]]. They are excellent men and women, to a one, but they engage in a part of the legal process of which the [[JC]] is committed to steering as clear as he can: [[litigation]]. | }}Senior, brainy, court lawyers. The [[JC]] is lucky enough to know a few, largely because he shares with them a fondness for [[cricket]]. They are excellent men and women, to a one, but they engage in a part of the legal process of which the [[JC]] is committed to steering as clear as he can: [[litigation]]. | ||
Not just because suing and being sued is hard, gives you a tension headache and is beset with fiddly, procedural bear traps — all true — but because the road is strewn with absurd conventions, unarticulated rules of etiquette and modes of behaviour that you have to get ''[[Substance and form|formally]]''; right, hang whether you were right [[Substance and form|in ''substance'']] | Not just because suing and being sued is hard, gives you a tension headache and is beset with fiddly, procedural bear traps — all true — but because the road is strewn with absurd conventions, unarticulated rules of etiquette and modes of behaviour that you have to get ''[[Substance and form|formally]]''; right, hang whether you were right [[Substance and form|in ''substance'']]. | ||
===Litigators are from Mars, commercial lawyers from Venus=== | ===Litigators are from Mars, commercial lawyers from Venus=== | ||
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My friends, ''I'' would ask an expert. Someone who lives, breathes, and makes an honest livelihood out of manipulating these contracts. For example, ''someone who has spent twenty years in the [[doc unit]]''. To be sure, end-users are falling over themselves to rid themselves of these people and replace them with [[School-leaver in Bucharest|school-leavers in Bucharest]], but they are a tenacious bunch. Many are still around. If anyone will know how an ISDA is meant to work, these people surely will. | My friends, ''I'' would ask an expert. Someone who lives, breathes, and makes an honest livelihood out of manipulating these contracts. For example, ''someone who has spent twenty years in the [[doc unit]]''. To be sure, end-users are falling over themselves to rid themselves of these people and replace them with [[School-leaver in Bucharest|school-leavers in Bucharest]], but they are a tenacious bunch. Many are still around. If anyone will know how an ISDA is meant to work, these people surely will. | ||
Yet, by immovable convention it is ''not'' this cohort to whom [[magic circle law firm]]s turn. Instead, they ask the one group in the world who charge ''more'' than they do, and who are ''less'' likely to have a practical clue what the right answer should be: | Yet, by immovable convention it is ''not'' this cohort to whom [[magic circle law firm]]s turn. Instead, they ask the one group in the world who charge ''more'' than they do, and who are ''less'' likely to have a practical clue what the right answer should be: ''Queen’s Counsel''. | ||
{{sa}} | {{sa}} | ||
*[[Inhouse lawyer]] | *[[Inhouse lawyer]] | ||
*[[Magic circle law firm]] | *[[Magic circle law firm]] | ||
*[[Litigation]] | *[[Litigation]] |