When even judges don’t understand the law

Next time your lawyer puts the deal on hold, refrain from calling him uncommercial. By Christopher Stoakes.

Competition is so intense these days that lawyers in private practice have learnt by heart that their job is to help the client achieve his objectives. So when a lawyer advises you not to proceed with a tran saction, give him the chance to argue the point.

What has prompted this reflection is the realization that, after almost 15 years, the Hammersmith & Fulham swaps litigation is still going on. For bankers not around then, the cases arose out of interest-rate swaps that UK local authorities entered into in the early 1980s.

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