A home care company retains our law office for the negotiation and signing of a contract with a public-relations agency. Financing problems subsequently force our client to reduce its advertising budget. The agency considers itself to have been wronged and demands compensation, but rejects our offer to negotiate. This leads directly to litigation, in which we are required to defend the contract that we drafted.

Issues

In the absence of the expected financing, our client must be able to find a way out of the contract, which represents a significant investment. The contractual provisions and mechanisms devised and put in place by our law office during the drafting and editing of the contract are therefore going to be tested.

Solution

From the beginning of our association, we had introduced secure legal mechanisms that took into account the financial risk and the need to meet the requirements of a changing situation. Since we had drafted the disputed contract, we were best placed to defend it and to support our client against all contingencies. In the Commercial Court we asked that the contract clauses allowing our client to be relieved of his obligations to the public-relations agency be applied.

Results

The pointed arguments advanced by the opposing party were ineffective against the optimized clauses of the contract meticulously drafted by our office. We are absolutely confident as regards the outcome of this litigation.