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August 2010

Welcome to Fortune Law's Briefing Update
 
Greetings! Budget briefcase

Welcome to our briefing update for August 2010. 

This month we have featured World Translations, a company focusing on multi lingual translation and interpretation services for high-profile companies and global market leaders.
 
This month's theme of language and interpretation is particularly important in business today as companies and individuals often require a breakdown of complex legal documents into a more reader-friendly format.
 
Clients use legal documents as tools to both protect their businesses and as leverage to assist in their growth and expansion. The importance of accurate communication is highlighted in the article 'Lost in Translation', which illustrates the need to remove legal jargon where possible and provide advice that is clear and simple. We find that legal terminology is often used inappropriately or in the wrong context. The featured article 'Without Prejudice rule' portrays how this can be avoided.
 
Fortune Law provides businesses with "a one stop shop" service dealing with commercial property, commercial litigation, employment, corporate and commercial law.
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World Translations Limited and Show Translations Limited
 
Alexander Vegh
 
www.world-translations.com 

 
" Fortune Law have provided me with sound advice on a wide variety of commercial matters for both of my global translation businesses. Shainul and her team have assisted me with the negotiation and completion of a commercial lease for my new offices in London's West End as well as with negotiating with my high-end media clients on theatre contract related matters.
 
Fortune Law have consistently produced effective solutions to what are often complex business and legal problems. They are professional and are commercially minded which I feel are essential qualities for a lawyer in today's business world
."

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 Lost In Translation                                   Lost in Translation 
 
Business relationships both with suppliers and also internally with employees need to be clearly defined and understood by both parties to ensure that a business functions smoothly. Every business will face issues of some type or another but there are ways of reducing the likelihood of these.

Taking suppliers first, it is important to ensure how you are doing business with your suppliers. Are these on your terms or theirs? Always read the small print and question those parts of a contract you do not clearly understand at the outset. It is far more difficult to argue terms are unfair when you have arguably accepted them through an extended period of dealings.

In addition, do remember that when working for clients yourself your terms should be clear and not open to interpretation down the line.
 
Have you made your services clear? What about the scope of work you are to carry out, timelines and payment terms? Do your clients and customers really understand what the contract between you is? Can you do anything further to improve this?

With employees, many employers also forget the importance of legal terms and implementing procedures in the workplace. Since most employers are unaware of key legal issues this can result in conflict between employees and management.  One way to avoid this situation is to ensure that an employer is clear about the required rules and standards of performance in the workforce. Furthermore, good communication is vital as it helps to iron out any misunderstandings that may arise later. The following points may help prevent conflict from the outset: 
 
- Employment contracts are the same as any other form of contract, which require an acceptance as to terms to be communicated by both party members. Issues tend to arise if, for example an employee objects to a term in the contract which is later included, promotion or relocation being key terms.
 
 - Employee's duties need to be carefully considered and defined as clearly as possible. If the requirements of the job are likely to change over a period of time, this should also be discussed in advance. Dealing with issues "as you go along" may be tempting but can increase uncertainty which may have cost consequences. Moreover, in every case it is prudent to build in some scope for varying the duties that an employee is required to perform. 
 
Remember, in business as in other things, it is always better to avoid misunderstandings and problems right from the start before they have a chance to turn into costly conflicts between the parties.
 
As always, if you wish to discuss any matter with us do drop us a line or pick up the 'phone.
 
 
What is the Without Prejudice Rule?
 
The term "without prejudice" is frequently bandied about but what does it actually mean and under what circumstances can it validly be used?
If what you say in your attempts to settle a dispute (with a customer, supplier or employee, for example) is 'without prejudice', it means that what you say cannot be used against you if the dispute turns into court proceedings. But just using the words 'without prejudice' in a discussion or on correspondence does not automatically make them confidential - you still have to satisfy certain conditions.
 
To rely on the 'without prejudice' rule:
- there must be a dispute underway;
- what you say must be part of a genuine attempt at settling the dispute;
- you must not yourself reveal the content of 'without prejudice' negotiations, or you can forfeit your right to confidentiality.
 
If a customer has complained and you want to make an offer of compensation, to appease them, you can mark it 'without prejudice'. But you must still ask "Is there a dispute yet?" If the court decides the matter had not escalated into a dispute, your offer could come out into the open later and be treated as an admission of fault.
Attempts to negotiate with employees during disciplinary and grievance procedures remain fraught with difficulty. You might want to sack an employee, and decide to have a 'without prejudice' chat to see if he or she will "go quietly". Legally, however, there may not be a 'dispute' yet so what you say in your 'without prejudice' chat - and the fact you had a chat at all - may turn out not to be confidential if the employee later makes a tribunal claim.  
Action points
  • Only use 'without prejudice' if there is an existing dispute underway.
  • Use 'without prejudice' only if you're making a genuine attempt to settle the dispute.
  • If communications are, in fact, without prejudice, it helps to mark them as such and keep written records of exactly what is said during any 'without prejudice' discussions.
  • Ensure no public reference is made to the content of without prejudice negotiations.
  • Do not use 'without prejudice' negotiations in the course of employees' disciplinary and grievance procedures without legal advice
 If in any doubt at all, do contact us before making a costly mistake. It is better to ask twice than to be lost once. Feel free to contact us with any questions on 0207 440 2540 or email us at enquiries@fortunelaw.com.
 
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Terms and Conditions - 10% discount off your total fee for drafting a set of terms and conditions accompanied by a letter of advice.
 
Please contact us for further information. Offer ends August 31st 2010
 
Please note that information contained in this briefing update does not constitute legal advice. All statements of law are applicable to the laws of England and Wales only. Copyright Fortune Law 2010. All rights reserved.