PERSPECTIVES
Positions we can publish.
Where the substance is a question of law or of practice rather than of a client's business, it can be written down. These are questions our files have forced us to settle.
None of it is advice on any particular agreement. Each piece states how a problem is recognized before it matures, which is the part no rulebook sets out anywhere.
Agent or principal, and who decides it.
The paperwork says commission while the invoicing, the stock and the pricing say principal. Every authority that opens the file reconstructs which one it was.
What survives in a non-circumvention clause.
The clause turns on one decision taken in its first paragraph: whether the sum is payable on a breach or on a defined event.
Substance is not a document.
Three legal systems ask one factual question in three different ways. A structure answers it with a documented file, never with a diagram of itself.
How these are written.
Two rules, applied before a piece is published and re-applied whenever the ground under it moves.
- Conflicts recorded, not smoothed.
- Where sources disagree, the piece records the disagreement and what would resolve it. No conflict is settled by choosing the convenient reading.
- Read by someone paid to break it.
- Before publication a piece is read by a reviewer whose brief is to find what is wrong with it.
These pieces are the part of our work that can be published. The rest sits in files that carry our clients' names.