A combination of
research skills, the ability to identify and use reliable resources, and
experience enhances the chances of success in performing sophisticated
legal language research on the Internet.
LEARNING SYNOPSIS
This exercise highlights and illustrates the advantages
of using combined research techniques to solve complicated legal English
problems.
EXERCISE
A call has been directed to you by your law firm's
reception desk. There is an American attorney on the phone who needs local
legal advice.
The attorney and his firm recently performed a
series of complicated and expensive services for Billah Consultants, a
company in your jurisdiction. Billah provides financial consulting and
offshore tax advice for private clients seeking to maximise returns on
their investments and minimise their tax exposures.
Billah has a claim for fees against a wealthy,
Washington-based American investor who refused to pay them based on his
dissatisfaction with the service. Subsequently, Billah hired the American
law firm to obtain a judgment against the American investor in Washington.
The contingency fee arrangement between Billah and the American law firm
provided the law firm with 30% of any judgment against the defaulting
investor. Ironically, after obtaining a successful judgment against the
American investor, Billah refused to pay its legal fees.
The American law firm has obtained a default judgment
against Billah in Washington and is now seeking to enforce that judgment
in your jurisdiction. However, the American law firm has learned that
most of Billah’s assets are held in Jersey, one of the Channel Islands.
The law firm wants your advice on enforcing the
US judgment in both your jurisdiction and the Channel Islands. Before
they proceed with time-consuming and costly enforcement measures, the
law firm would like to know the following:
1) Are US judgments enforceable in Jersey?
2) Are US judgments enforceable in your jurisdiction?
3) Are contingency fee arrangements permissible in Jersey?
4) Are contingency fee arrangements permissible in your jurisdiction?
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