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Reliance on legal advice: Difference between revisions
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Have no truck with this nonsense. | Have no truck with this nonsense. | ||
No one is stopping you getting whatever | No one is stopping you getting whatever advice you want to, ''on your dime''. It’s a free country. And no one is stopping you ''relying'' on whatever advice you get. That’s a custodian’s prerogative. Factually, that you did get advice may even be (weak) evidence to suggest you have discharged your [[duty of care]]. ''But on your head be it''. | ||
Folks, it’s like this: If you choose to get legal advice, but it’s wrong, and you rely on it, and you end up breaching your contract causing your client a loss, the answer is ''not'' to disclaim your liability to your client. It is to sue the arse off your lawyer. That’s what you pay the blighters for: so they, and that juicy professional indemnity insurance policy they never seem to claim on, will cover your poor, huddled self. By paying your lawyer’s bill you are paying your little portion of that insurance premium. | Folks, it’s like this: If you choose to get legal advice, but it’s wrong, and you rely on it, and you end up breaching your contract causing your client a loss, the answer is ''not'' to disclaim your liability to your client. It is to sue the arse off your lawyer. That’s what you pay the blighters for: so they, and that juicy professional indemnity insurance policy they never seem to claim on, will cover your poor, huddled self. By paying your lawyer’s bill you are paying your little portion of that insurance premium. | ||
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Furthermore, this incentivises you to get ([[cheapest to deliver]]) legal advice ''all the time'', since every [[email]], file note or memo, however misconceived or dunder-headed, functions like some kind of cloak of [[mithril]], protecting you from all pecuniary harm, at the same time parking all questions as to your culpability in arranging the advice, such as “was the legal ''advice'' [[negligent]], or were ''you'' [[negligent]], in the way you chose to frame it, implement it, or even understood it? | Furthermore, this incentivises you to get ([[cheapest to deliver]]) legal advice ''all the time'', since every [[email]], file note or memo, however misconceived or dunder-headed, functions like some kind of cloak of [[mithril]], protecting you from all pecuniary harm, at the same time parking all questions as to your culpability in arranging the advice, such as “was the legal ''advice'' [[negligent]], or were ''you'' [[negligent]], in the way you chose to frame it, implement it, or even understood it? | ||
===[[Cui bono]]?=== | |||
Ask yourself who, principally benefits from this provision? Certainly not the client, and not really you either, since you enforce it on pain of sacrificing the [[commercial imperative]] to save your lawyer’s hide. Your lawy — ahhhh that’s it! ''That’s'' who benefits from this nutty clause. ''And whose idea was the clause in the first place?'' | |||
Step forward [[Legal Eagles|Mr L. Eagle, Esq]]. | |||
{{sa}} | {{sa}} | ||
*The [[commercial imperative]]. ''Never'' forget the [[commercial imperative]]. | *The [[commercial imperative]]. ''Never'' forget the [[commercial imperative]]. | ||
*[[All our other counterparties have agreed this]] | *[[All our other counterparties have agreed this]] | ||
*[[Legal eagle]] | |||
{{ref}} | {{ref}} | ||