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Reliance on legal advice: Difference between revisions
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Think about it from your client’s perspective. If you let your lawyers off their [[negligence]] and ask the client to wear it, then: | Think about it from your client’s perspective. If you let your lawyers off their [[negligence]] and ask the client to wear it, then: | ||
*''You will still have a pissed-off client''. Make no mistake about that. They will think you are a moron. They may withdraw their business. This undermines the [[commercial imperative]]. The commercial imperative is the main thing in your business. | |||
*You really aren’t getting good value out of that professonal indemnity insurance you just bought<ref>You know, by engaging legal counsel.</ref>, are you? | |||
*You are letting the actually delinquent party – the lawyer – off [[scot-free]]: your client can hardly sue your lawyer for (legally [[privilege|privileged]]) advice it gave you, can it?<ref>One of the pages and pages of disclaimers and exclusions in their opinion is bound to be third party claims under the [[Contracts (Rights of Third Parties) Act 1999]], right?</ref> | |||
*You are therefore leaving your beloved client – who is also, let us not forget, the actual, ''innocent'' party – high and dry and without any legal recourse against ''anyone''. | |||
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 understand 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 understand it? | ||