Conflicted Attorneys in Turks and Caicos
In small jurisdictions such as the Turks & Caicos Islands, or small-town America, Ireland or the United Kingdom, it is not uncommon for clients to move from one firm of attorneys to another. The question frequently arises whether the former client can prevent his former attorneys from acting against him. The conventional, instinctive response is that an attorney can almost never act against a former client. That instinctive response is almost always wrong. The relevant principles were considered by the House of Lords in Bolikah. The court noted that there was no continuing legally enforceable obligation of loyalty on the …
Why Bother with a Written Contract?
Business-people are frequently frustrated by the unnecessary restrictions that lawyers seem to want to introduce. They think (possibly rightly) that if they were more attuned to business matters the lawyers would be business entrepreneurs themselves. Why is it necessary, a business-person might ask, after having gone to all the trouble of negotiating the deal, and sealing it over a good lunch, to go to the trouble and expense of putting into writing what had just been agreed. And on those occasions when everything goes smoothly they would be right to ask the question. It is, however, different when trouble develops. …