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Let's return to the offer (on the last chapter) John Dow on behalf of consulting agency on manufacture expansion (Productivity Enhancement Consultancy, Inc.) to the prospective client to mister MakKefri from the American corporation on manufacture of ornaments. In this case and occurred. Having read the offer of mister Dow, MakKefri has called meeting on which has declared that the American corporation has decided to invite mister Dow, but well to discuss the further conditions. During meeting MakKefri has cautiously and politely expressed the position:«Mister Dow, we have decided to invite you as your offer convinces: you that expert who is necessary to us. I have not signed your offer as would like to change some its condition. It for some reasons has so convinced of your abilities that it would be desirable to invite you for realisation of all project on manufacture expansion, i.e. all three stages. However we wish to use the offered 5 % the discount and to save $2250, having made thus three identical payments on $14.083; only $42.250. Usually we do not bargain with professionals, however you have offered the allowed discount. We believe that you have made it for definition of our trust to you and your knowledge, instead of for a bait or because of need in money. (Very acute client.) Therefore, if we could make changes to conditions and the payment sum, having testified their our signatures under the contract, I would dispose to draw the check for $14.083 (the first payment), and our project would begin on January, 21st ».
John Dow was delighted, however reaction of the client has appeared for it unexpected. He has decided that 5 % the discount – the good stimulus and has continued to use this reception. However he has not realised that mister MakKefri – the unusual, rectilinear and clever client, and others could interpret such stimulus incorrectly without ceremony.
To show all lacks of the official contract made by lawyers, pay attention to the following history.
CASE FROM PRACTICE
?.?., the expert in telemarketing, has made the perfect offer for the client extremely requiring its knowledge and it to invite ?.?. For the fixed fee at a rate of $26.500 plus an overhead charge. The client, however, has declared that, according to the corporation charter, cannot enter any agreement with the person from outside without registration of the official contract. Then has offered, that lawyer ?.?. Has made the contract according to conditions about which it was told in the offer. Then only the client will present it for approval to the lawyer. ?.?. Knew that its lawyer will ask approximately $3000 for contract drawing up «from zero». Therefore he has politely asked the client, whether its company can ask to make the lawyer the contract then it will be in turn presented lawyer ?.?. For approval. He knew that the usual person never will sign the contract made by the lawyer without its own legal consent. ?.?. Has counted up that attentive perusal of the contract would cost much less, than its actual writing (it is possible, $1000). At the given stage in relations between the client and the adviser there was a first element of dispute. Probably, "dispute" – too strong word, but is clear that these unpleasant mutual dodges were attempt of both parties to save money (they operated, as opponents). ?.?. Has reluctantly conceded, as its reputation could become stronger considerably if the given prestigious client has appeared in its list. To lawyer ?.?. 3 weeks were required to issue the contract (15 pages of the legal text) on the basis of the initial offer. During drawing up two long meetings with D.L.contract were necessary for it then has been sent the client who has in turn given to its lawyer of the company. After two weeks the lawyer has met client ?.?. Also has in detail explained that he never should sign such contract. If it is made, the company of the client will undergo to huge risk. Without having realised, as advisers work, he has specified that in the contract successful end of the project is not guaranteed anywhere and there are no details about procedures and the methodology, used by the adviser. However the adviser cannot tell about it before contract signing. After all only after the conclusion of the contract of its payment it is possible to tell about the methods. The client has asked the lawyer to call lawyer ?.?. And in common to settle all formalities. Thus, a month later after numerous meetings, meetings on phone and memorandums lawyers have entered into a habitual track for protection of the clients.« Hours »already counted their fee for the next month while each of them posed before the owner. As officially lawyers« acted in their protection »made impression of the uttermost rebelliousness though in the beginning the adviser and the client were in the consent with each other. Already too late« to state this history short », but as a result the project has begun for three months later, bill ?.?. For legal services has made $6720, and the client – $4600. Both remained are dissatisfied with an event. ?.?. Has decided to enter never in the future the official contract if its fee does not make at least $100.000 (that hardly will occur) from which it would be possible to refund legal expenses.
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