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Nor are litigation lawyers any better a source of advice about contract drafting than trauma ward surgeons are about motor vehicle engineering. For, what better insight can a [[litigator]] give than, “for Christ’s sake, don’t wind up in court?” What commercial draftsperson didn’t know that? | Nor are litigation lawyers any better a source of advice about contract drafting than trauma ward surgeons are about motor vehicle engineering. For, what better insight can a [[litigator]] give than, “for Christ’s sake, don’t wind up in court?” What commercial draftsperson didn’t know that? | ||
For if you ''do'' wind up in court, hasn’t your | For if you ''do'' wind up in court, hasn’t your [[contract]] ''already'' failed you utterly? | ||
To be sure, it might be a nice surprise to find the deckchair to which you are clinging floats, even as the ship whose name is stencilled on it descends to a watery tomb a mile below you, but how much ''nicer'' would it be, were it still sitting on the sun-deck of that very vessel, with you on it, steaming sedately towards the New World? | |||
[[Contract]] design should ''avoid'' icebergs. A litigator can only help sort out whose fault it was that one has been hit. | [[Contract]] design should ''avoid'' icebergs. A litigator can only help sort out whose fault it was that one has been hit. |