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The second error consists in the organisation of your business as corporations. It seems to you that thus it is possible to protect itself from a private responsibility in case of any errors or omissions. From this «a corporate screen» as its lawyers name, have refused still 20 years ago. Your choice – to organise corporation or private enterprise, should be based on reasons concerning taxes for what council of your bookkeeper, instead of the lawyer is necessary. Those who else remembers litigation against the company Ford Motor who has begun at the time of the first representation Finto, know that the tank for gasoline settled down so close to a back part of the car that at a touch blew up. Proceedings were conducted not only against Ford, but also the senior engineers of the company knowing about given defect and nevertheless resolved to continue manufacture. Thus, separate persons also were responsible and have paid off for results. If you get to a trouble cannot hide for corporation.Same concerns the state advisers concerning licences though some of them undertook at first such attempts. After all there are no rigid rules establishing standards and criteria of job of advisers. There are their associations for which members there are constitutional rules and behaviour codes, but any of them is not connected with punishment (except a possible exception of association).
For a trade of the adviser it both is good, and it is bad. On the one hand, absence of official norms and the legislation gives to individual practice a professional freedom of action (so, at least, it seems). On the other hand, absence of codes, rules and norms gives to an opposite side chance to enter before court any professional criterion, able to call liking of the judge or jury. Besides, the trade of the adviser is new (to it about 80 years). Therefore in it there is no enough of legal precedents as in older trades – medicine etc. Hence, any base of a case law will not be developed yet during proceeding, to the adviser there can be everything, everything. Take into consideration that for last five years unusual awards were received by the claimants opposing of several consulting firms «Big Six» (their awards were estimated in millions dollars). One such award the claimant who has acted in court against consulting firm which advisers were accused of a summer residence of the wrong council, subsequently caused has received a damage to business of the client (it never happened earlier). One more similar award has been received by the claimant as a result of discrepancy of the audit spent by consulting firm because of what the client had troubles with the tax authorities. Therefore, as there are no rules or laws, it is possible to reduce, at least, risk of a legal liability, having paid attention following ten recommendations. 1. Avoid unlawful use of the law. 2. Practise the consulting how if you drove the car – remembering defence. 3. Employ in advance good lawyer. 4. Mentally play with your task in chess. 5. Study the duties provided for you by the contract. 6. Avoid the conflict of interests. 7. Practise so that to achieve realisation. 8. Be vigilant during all process. 9. Be truthful and fair. 10. Identify the greed and avoid it.
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