If you read, link to, quote, print out, or in any way make use of this website’s content in any means, place, or forum, you must first read, understand and agree to the following ground rules for using this website:
1. Don’t rely on anything in this website. The materials on this web site have been prepared for informational purposes only and are not intended to be construed as legal advice. I can think of at least six reasons why you should not take any action based on anything you read on this website:
• Legal advice combines a lawyer’s understanding of the law, a client’s understanding of his situation and goals and the collective judgment of the lawyer and the client of what to do based on the combination of their respective understandings. I have no idea who you are, what your situation is and what you want to achieve. How can I advise you based on that?
• I write this blog in part because I like to take new ideas out for a spin. I like to speculate on the future based on the present. I like to stretch concepts to see if they’ll break. Instead of focusing on the law as it is, sometimes I like to speculate on the law as it should be. All this is a long way of saying that in this website I value interesting over practical. Once I step outside of this website, though, I value practical over interesting. Which would you act on — practical legal advice or interesting legal musings?
• Most of my readers are corporate lawyers. As I write, I therefore assume my reader is a corporate lawyer with a good grasp of the fundamentals of corporate law. I therefore skip over and skim through essential legal concepts and alternatives in many posts that I would never skip over or skim through in my practice.
• I’m always learning new things about the law. Sometimes I’m learning new things at the same time I write about them. I never let a lack of knowledge stand in the way of a post on this website. You should let my lack of knowledge stand in the way of your actions.
• Clients pay me for my legal advice, and expect that my advice is worth what they pay. You get this website for free, and should expect that my posts are worth what you pay.
• I never write about the things I know the most about. If I learn something firsthand on the job, chances are it’s confidential and off-limits for this blog. As a result, this website is largely based on secondhand information I glean from various publicly-available sources. I have yet to do any legwork to verify any of these publicly-available sources, so you should assume that the information in this website is, at best, no more reliable than those sources. With Provided However, you can be sure you’ll always get the outside scoop.
In addition, I assume no responsibility for the accuracy or timeliness of any information contained in this web site. If you need accuracy and timeliness, I’m afraid this website will let you down. All content on this website is provided on an as-is basis, and no statement on this website should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true.
2. Don’t assume this website speaks for anyone. The views expressed on this website are mine alone and do not necessarily represent the views of any other people or entities, including Munger, Tolles & Olson LLP or any of its clients. In fact, some of the views expressed on this website don’t even reflect my views. I try out new ideas and work through other ideas in this blog. In doing this, I don’t necessarily endorse or adopt those ideas as my own. Similarly, when I link to other sources, I don’t mean to endorse or recommend the information or ideas in those sources.
3. I am not your lawyer. If you read an op-ed piece in your local newspaper that happened to be written by a lawyer, would you assume he’s your lawyer and you’re his client? Of course not. Similarly, reading this blog does not create any kind of attorney-client relationship between us or with my firm.
4. If you want to communicate with me…. Please don’t send me any confidential information — I cannot promise to keep it confidential and it will not be protected by any kind of privilege, such as the attorney-client privilege (see above). If you have an original idea that you would like to protect, do not send it to me. I don’t want anyone sending me an idea that I already had and then claiming I stole it from them. I enjoy corresponding with readers, but please note that I cannot answer legal questions, provide legal advice or refer people to lawyers. If you email me a question or information, I assume two things: (1) you give me permission to discuss or quote your email in my blog and (2) you don’t want your name used in my blog. If either assumption is incorrect, please tell me in your email.
5. I’m writing, not soliciting or practicing law. I don’t intend for this website to serve as an advertisement or solicitation of business. In fact, it’s more likely that this website will shrink my business. In any event, you should be aware that I don’t intend to solicit through this website the business of anyone in any state or other jurisdiction where this website, or the use thereof, may not be in compliance with any law or ethical rule.
6. The original material on this website belongs to me. You can use it only on my terms. All original material appearing on Provided However is copyright by Michael J. O’Sullivan. All rights reserved.
For the time being, you may quote, cite or link to this copyrighted material so long as you give me credit for it. The credit must appear with the material, refer to “Provided However” or “Mike O’Sullivan” and, if possible, include Provided However’s URL (http://www.providedhowever.com/blog/) or a link to the material on Provided However. I reserve the right to rescind this permission at any time and for any reason, or no reason at all. I also reserve the right to require different terms from different people; for instance, if you are reprinting material primarily for your own profit, I will probably revoke your permission to use the material. Please keep these limitations (as well as those in the other Ground Rules, particularly the first) in mind when you consider whether to use material from this website.
Provided However and providedhowever.com are trademarks belonging to Michael J. O’Sullivan.