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Writing for a judge: Difference between revisions
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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]]: you are writing for a record | Firstly, and this is no more than a re-articulation of the [[commercial imperative]]: you are writing for a record, 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 inattentive 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''. | 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''. | ||