Doubt: Difference between revisions

In any case, isn’t that kind of doubt ''creative''; an opportunity for business folk to have a constructive conversation which might lead who knows where? Here a ''surfeit'' of [[certainty]] leads to two bad outcomes: either a (legally correct but nevertheless) commercially damaging decision to disregard your client’s expectations, or an expensive, slow and clumsy way of seeking it's permission (via the [[legal eagle]]s papering and amendment: expect your client’s risk team to be suspicious of ''any'' amendment, however benign to your minds it may be, especially if, as inevitably they will, your legal team concoct five pages of boilerplate to articulate it) where a quick phone call might have done the job and, who knows, led to other opportunities.<ref>Note here, recent efforts by the English courts to entrench the lawyer’s role in commercial negotiations through [[no oral modification]] clauses.</ref>

Ultimately where there is ''trust'' between the counterparties, and their relationship stays healthy, all you should need is a [[cocktail napkin]]. Really robust legal advice should be designed to keep things, to the greatest extent, so that neither party feels the need for anything more.