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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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Hi, Can you help me assess my risk exposures in a split

Customer Question

Hi,

Can you help me assess my risk exposures in a split fee contract? The contract is not a hard read, only 3 pages long, however, I thought it would be good to run this by a lawyer prior to moving forward. If you can help, I would be happy to send you a copy of the agreement. Thank you
Submitted: 3 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your post. Please permit me to assist you this afternoon.

Please be advised that we here cannot evaluate your contracts for you. That comes uncomfortably too close to actual representation and something that we cannot provide you as a service. What I can do, however, is answer specific question on certain clauses or language that you may have concerns over, or assist you with what to look for in the agreement. Please advise if that would be sufficient.
Customer: replied 3 years ago.

Thanks for the reply,

 

I need to know if you could break the contract down into layman's terms, particularly paragraph 20. I am trying to determine if the langue in 20 relinquishes Hillside Solutions from liability, should a collection situation arise. Not asking you to represent me, only to interpret the langue in layman's terms. Please feel free to be creative without violating your agreement with Just Answers or any other rule of law. I will send you the agreement upon your acceptance to perform the action requested above. If you can't perform the service, please say you can't, so that I could pursue other means.

 

Thank you

Expert:  Dimitry K., Esq. replied 3 years ago.
Roderick,

If you just place that clause in the body of this thread, I will be happy to break it down--I just cannot evaluate the full agreement for you directly. That, by itself, should not be a violation of JustAnswer terms. Please advise if that is acceptable!
Customer: replied 3 years ago.

Hillside Solutions is the Placement Firm.

 

20. In no event shall Placement Firm be liable to Recruiter, its employees,
subcontractors, and/or agents or any third party for any indirect, incidental,
special, consequential, punitive agents or any third party for an indirect,
incidental, special, consequential, punitive damages, or lost profits for any
claim or demand of any nature or kind, arising out of or in connection with this
Agreement or the performance or breach thereof.

Expert:  Dimitry K., Esq. replied 3 years ago.

Roderick,

Thank you for your follow-up. What that clause simply means is that if there is some sort of breach of contract or violation of terms, then their liability is only limited to direct losses. For example if they breach on paying the recruiter quickly enough, and the recruiter because of their failure ends up not being able to pay his internet bill in a timely manner, the initial party is not liable for those indirect losses. I am just using a very basic example here. In essence any sort of a breach that takes place between two parties would not affect others. An another example--let's assume the recruiter promised that his next $1,000 will go to Party C as an assignment. The initial party breaches on payment, and consequently Party C does not get their $1,000. That becomes the issue for the recruiter, and while he could pursue them for the money directly if owed, if Party C sues him for $5,000 over this breach and wins, he could not turn around and sue the initial party for that amount and hope to prevail, based on this language.

I hope that makes sense, please let me know if I can assist further.

Dimitry K., Esq. and other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Perfect! Thank you
Expert:  Dimitry K., Esq. replied 3 years ago.
Roderick, you are most welcome! Glad to help!