Comments on: And the Lawyer Just Smiled http://timberry.bplans.com/2008/09/and-the-lawyer.html Tim Berry on business planning, starting and growing your business, and having a life in the meantime Sat, 21 Nov 2009 17:26:20 -0800 http://wordpress.org/?v=2.8.6 hourly 1 By: Tim Berry http://timberry.bplans.com/2008/09/and-the-lawyer.html/comment-page-1#comment-432 Tim Berry Sun, 14 Sep 2008 16:20:20 +0000 http://timberry.bplans.com/2008/09/and-the-lawyer.html#comment-432 <p>You make a very good point; these things are never simple. Where you and I particularly agree is on the value of spelling things out, what happens in the future, who does what, and so on. </p> <p>The case in question, since you asked, is a bad example. It didn't favor us or the other side either, it was an ornate elaborate set of spreadsheet formulas that had tried to anticipate all the possible alternatives, but didn't, and ended up as far more confusion than help. Our lawyer tried to tell us that, but we fell victim to the "live by the spreadsheet, die by the spreadsheet" syndrome. </p> <p>I remain skeptical, though, about the value of the formal contract, as opposed to the less formal letter of agreement, because I think people tend to overestimate the enforceability of a contract. You put a lot more effort into it, and don't get much more out of it. That's a generalization, I know, so it applies only as far as any generalization does. </p> You make a very good point; these things are never simple. Where you and I particularly agree is on the value of spelling things out, what happens in the future, who does what, and so on.

The case in question, since you asked, is a bad example. It didn't favor us or the other side either, it was an ornate elaborate set of spreadsheet formulas that had tried to anticipate all the possible alternatives, but didn't, and ended up as far more confusion than help. Our lawyer tried to tell us that, but we fell victim to the "live by the spreadsheet, die by the spreadsheet" syndrome.

I remain skeptical, though, about the value of the formal contract, as opposed to the less formal letter of agreement, because I think people tend to overestimate the enforceability of a contract. You put a lot more effort into it, and don't get much more out of it. That's a generalization, I know, so it applies only as far as any generalization does.

]]> By: C Small http://timberry.bplans.com/2008/09/and-the-lawyer.html/comment-page-1#comment-431 C Small Sun, 14 Sep 2008 04:27:01 +0000 http://timberry.bplans.com/2008/09/and-the-lawyer.html#comment-431 <p>Nice post, though I must say I disagree. I wrote my response to your theory over at my site (with a nice link for you). Take a look if you have some time. I'm curious as to what you think.</p> <p>This is the link to the story: <a href="http://www.seattlesmallbusinessadvisor.com/2008/09/seattle-small-business-lawyer-does.html" rel="nofollow">http://www.seattlesmallbusinessadvisor.com/2008/09/seattle-small-business-lawyer-does.html</a></p> Nice post, though I must say I disagree. I wrote my response to your theory over at my site (with a nice link for you). Take a look if you have some time. I'm curious as to what you think.

This is the link to the story: http://www.seattlesmallbusinessadvisor.com/2008/09/seattle-small-business-lawyer-does.html

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