tag:blogger.com,1999:blog-15050449.post115093385868894726..comments2023-09-28T08:08:12.940-07:00Comments on Corporate Tool: First Draft AgreementsJosh Kinghttp://www.blogger.com/profile/00972029304959423978noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-15050449.post-1152637357834763062006-07-11T10:02:00.000-07:002006-07-11T10:02:00.000-07:00The logic of sending an unreasonable first draft i...The logic of sending an unreasonable first draft is a bit more subtle. Any hard-ass provision that isn't in the first draft is effectively waived in most cases. The risk is that the adversary will respond with an unreasonable markup (hoping to gain advantage or simply to convince his/her client or supervising partner that he/she is tough) and I will end up negotiating my adversary's unreasonable terms. (Rebutting with my unreasonable terms is weak -- they weren't important enough to start the negotiation with.)<BR/><BR/>If I know that my adversary tends to be reasonable, I take the chance and start with a reasonable draft. If I suspect the adversary will respond with wholly unreasonable terms (classic example, the adversary is a mega-law firm and I am in a small, unknown one), I warn the client and get out the outrageous boilerplate. I can and do junk it if the adversary turns out to be reasonable.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15050449.post-1152295305637363342006-07-07T11:01:00.000-07:002006-07-07T11:01:00.000-07:00Would 'Chump Insurance' fall under this category??...Would 'Chump Insurance' fall under this category?? ;)Anonymousnoreply@blogger.com