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 [[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. That you ''did'' get advice may even be (weak) evidence that you discharged your [[duty of care]] and weren’t, factually, [[negligent]].  
No one is stopping you getting whatever [[Legal advice|advice]] you want, ''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. That you ''did'' get advice may even be (weak) evidence that you discharged your [[duty of care]] and weren’t, factually, [[negligent]].  


''But on your head be it''.
''But on your head be it''.
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#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''.


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 understand it?


===[[Cui bono]]?===
===[[Cui bono]]?===

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