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Writing for a judge: Difference between revisions
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Amwelladmin (talk | contribs) (Created page with "{{a|design| 450px|thumb|center }}No, you are ''not'' writing for a judge. Firstly, and this is no more than a re-articulation of the commercial imperati...") |
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}}No, you are ''not'' writing for a judge. | }}No, you are ''not'' writing for a judge. | ||
Firstly, and this is no more than a re-articulation of the [[commercial imperative]]: | Firstly, and this is no more than a re-articulation of the [[commercial imperative]]: you are writing for a record which you , to avoid dispute and with the firm hope that, from the moment the ink has dried, ''no human eye will ever behold your contract again''. You are not writing to maximise your position, to steal options from an inattendant client, much lass to reserve your position in case of future litigation. | ||
Every lawyer knows the cost of ''any'' kind of litigation is out of all proportion with the value of the contract to which it relates. It is ''never'' a good outcome to have your contract tested in court, even if you win. Therefore, you are writing ''to avoid a judge having to read it''. | |||
Secondly, and with the greatest of respect to our learned friends on the woolsack, commercial court judges are by no means expert, or even experienced, in complex financial services arrangements. They just don’t see them. | Secondly, and with the greatest of respect to our learned friends on the woolsack, commercial court judges are by no means expert, or even experienced, in complex financial services arrangements. They just don’t see them. | ||