81,695
edits
Reliance on legal advice: Difference between revisions
Jump to navigation
Jump to search
no edit summary
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 6: | Line 6: | ||
Have no truck with this nonsense. | Have no truck with this nonsense. | ||
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 | No one is stopping you getting whatever [[Legal advice|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 | 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 [[Breach of contract|breaching your contract]] [[Causation|causing]] your client a [[loss]], the answer is ''not'' to [[Disclaimer|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. | ||
Think about it from your client’s perspective. If you let your | 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. This undermines the [[commercial imperative]]. | #''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 indemnity insurance you just bought, are you? | #You really aren’t getting good value out of that indemnity insurance you just bought, are you? | ||
#You are letting the actually delinquent party – the lawyer – off scot-free: your client can hardly sue your lawyer for advice it gave 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''. | #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''. | ||
| Line 19: | Line 19: | ||
===[[Cui bono]]?=== | ===[[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. | 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. Your lawyer! | ||
''And whose idea was this nutty clause, in the first place?''<ref>Let the record reflect a certain [[Legal eagle|Mr L. Eagle, Esq]]. stepped forward at this point.</ref> | ''And whose idea was this nutty clause, in the first place?''<ref>Let the record reflect a certain [[Legal eagle|Mr L. Eagle, Esq]]. stepped forward at this point.</ref> | ||