Quote:
Originally posted by notcasesensitive
TM, if that is you, I think I can kick your ass (with or without a severed arm).
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Couldn't be me. I don't care enough about any of this crap to argue too long over a definition. Besides, my client is huge and their form is rarely contested. My biggest negotiating position is, "My client's policy ties my hands on this issue. But I will note it and bring it to their attention." The other side always caves, unless it's some piece of shit bank in the middle of nowhere, party to some minor blocked account agreement, where the lawyer has only had one issue blow up in his face in the last 20 years he's been practicing which makes him so wary of that issue that he can't let it go (run-on sentence supreme!). Then, it gets bounced up above our heads on both sides and I get a call from him later on saying that his client, against his wishes, is willing to live with the risk of a check's funds being misapplied by
that bank to someone else's account and not discovered until 18 months after the agreement has terminated (and they still want to be indemnified for it because it was an "error made in good faith," whatever that means).
Like I said, I just don't give a shit about any of this crap.
TM
