Professional advisers: Difference between revisions

FIRST: “our professional advisers” as legal eagle speak for “our lawyers” — and, if you’re on a seriously monster deal, your tax accountants. Confidentiality is the basic USP of a commercial lawyer. It is what, before anything else, they’re good at. that’s why [[legal professional privilege]] is a thing. “But just because they ''should'' be discreet doesn’t mean they ''will'' be, [[JC]] — ”  Hush, my petal. This is also quite so. But bear with me.

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 prospect of [[equitable relief]] — [[Injunction|injunctions]] and so on. [[Damages]] are likely to be “an inadequate remedy” because often ''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 — ” 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 for professional negligence''. 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 such as this. Much of your undoubtedly eye-watering legal bill — the part of it that doesn’t go to upholstering that expensive arse in finest cloth Saville Row can produce — goes to meeting the insurance premia, so goes to covering that expensive arse in another way.