Quote:
Originally posted by SlaveNoMore
You miss the point. CYA letters and "memos to file" are for when someone ELSE tells you to do something wrong and you want backup to show that your partner is the actual idiot.
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Or, when the client is stupid and blows off an issue that you've warned him will blow up in his face as "a picky lawyer point we don't want to waste time negotiating with these guys" - those are the ones that end "The client then informed me that he was willing to accept that business risk and expressly instructed me to spend no further time researching or attempting to redraft to circumvent the issue."
Having had one of our litigators bring such a memo to me 3-4 years later laughing his ass off, I have realized that most litigators have no clue how document & deal negotiations work in practice; they seem to think the corp lawyers who draft these things (with weird language that doesn't quite work and odd gaps in them) are all idiots.
