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Quite so, my little starlings, quite so. But let’s step through this. | Quite so, my little starlings, quite so. But let’s step through this. | ||
FIRST | FIRST, “our professional advisers” is [[legal eagle]] speak for “our lawyers” — and, if you’re on a seriously monster deal, your tax accountants. Confidentiality is the basic U.S.P. of any [[Law firm|commercial law firm]]. It is what, before anything else, they’re good at. That’s why [[legal professional privilege]] is a thing. “But, [[JC]], just because they ''should'' be discreet doesn’t mean they ''will'' be — ” | ||
Hush, my petal. Also, quite so. But bear with me. | |||
THIRD: If a professional adviser ''does'' breach confidence and ''does'' cause your client material damage you can, in the vernacular, ''sue its expensively upholstered arse off | SECOND: The [[NDA]]’s dirty secret is that very rarely are any damages ''suffered'', let alone provably attributed to a [[breach of contract]] even when it ''is'' breached. This is why it most of them make such a big thing about the prospect of [[equitable relief]] — [[Injunction|injunctions]] and so on. Compensatory [[damages]] are likely to be “an inadequate remedy” because in many cases ''there won’t be any''. “But, [[JC]], that’s ''another'' factual assumption and you know we [[legal eagle]]s aren’t allowed to pay any attention to those. We deal in legal possibility — ” | ||
Hush, my petal: This, too, is quite so. But I haven’t finished. | |||
THIRD: If a professional adviser ''does'' breach confidence and ''does'' cause your client material damage you can, in the vernacular, ''sue its expensively upholstered arse off''. Not only do commercial law firms boast some of the deepest pockets in Christendom, but they are obliged to hold [[professional indemnity insurance]] for occasions just such as this. Much that collossal legal bill — the part of it that doesn’t go to upholstering your learned friend’s arse in finest cloth Saville Row can produce — goes to meeting the insurance premia, so goes to covering that expensive arse in another way. So, get your money’s worth! | |||
{{sa}} | {{sa}} | ||
*[[Law firm]] | *[[Law firm]] | ||
*[[Legal professional privilege]] | *[[Legal professional privilege]] |