The Choice of Law is a term of the contract.
So it is one of the things agreed to by both parties in the course of making the contract.
WA Lawyer Fees and Terms of Engagement - Costs Agreement?
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So it is one of the things agreed to by both parties in the course of making the contract.
Tim, do you believe this is a fair thing to put in a contract between a provider of a service, where the provider is an expert in the are in which the client needs assistance? The knowledge itself is the service, completion of forms, documents etc being simply a function of this knowledge.
Is it fair to say that the next statement in this line of questioning, would be that a potential client of a lawyer / practice, would need to obtain legal advice on understanding the terms of the contract? In my case, I have probably a lot more knowledge on this subject than the average person not being a lawyer, up to the point where I am asking these questions.
Do you think the average person would understand the potential costs or ramifications of signing a contract where they may be liable for much higher costs, if the provider of the service is not complying with some part of the contract? I am not drawing any conclusions from my approach to this, I am just interested to see what legal people think about this.
Are there any court cases involving actions of clients against their lawyer in respect of compliance with the agreement they had signed?
Is it fair to say that the next statement in this line of questioning, would be that a potential client of a lawyer / practice, would need to obtain legal advice on understanding the terms of the contract? In my case, I have probably a lot more knowledge on this subject than the average person not being a lawyer, up to the point where I am asking these questions.
Do you think the average person would understand the potential costs or ramifications of signing a contract where they may be liable for much higher costs, if the provider of the service is not complying with some part of the contract? I am not drawing any conclusions from my approach to this, I am just interested to see what legal people think about this.
Are there any court cases involving actions of clients against their lawyer in respect of compliance with the agreement they had signed?
I am satisfied that a Choice of Law clause is a necessary term, yes.
Beyond that, I am not going to be drawn into agenda-loaded cross examination
about the history and philosophy of the Law of Contract.
But thanks for asking.
Beyond that, I am not going to be drawn into agenda-loaded cross examination
about the history and philosophy of the Law of Contract.
But thanks for asking.
Ok Tim, this does provide an opportunity for any others to provide a potential answer on this question. It is a fair and reasonable question regarding what I think amounts to "soft conflict of interest".
I apologise for sounding blunt or combative, it is just the way I write things. It was a question that was bothering me is all, not one to force a position or motive. I have other questions o ask, so don't want to put people offside with my first post 
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