“Ivory Tower credentials”, Les? Really? He’s a bloke who is qualified more than most to give advice that you happen not to agree with. He may be wrong (I doubt it) but there’s no need to sneer at someone just because they have earned the right to express an opinion (for which we would otherwise pay). There’s no conspiracy here.
As for his advice to Struggler – have a look at what Struggs said HERE.
That whole issue of your EC insurance being contingent on you having fulfilled your duty of care and due diligence is so obvious when you read it but will be a real slap in the face to those cowboy EC members who think they have immunity from any responsibility.
And hey, if I was building an Ivory Tower, Chris Mo’ane would be the first person I’d consult (and he would tell me not to be such a bloody idiot).
On the question of consulting a lawyer, I often say that too and here’s why – it’s a reality check for everyone who’s bashed their head off the brick wall of an incompetent executive committee or whatever. The question it raises is, how much are you prepared to pay to resolve this issue? And if you’re not prepared to pay anything or very much at all, the next best piece of advice is often “so learn to live with it.”
But what I’m doing less frequently these days is telling people that the best or only thing to do is rock up to Fair Trading with $78 in your hot little hand and spend the next few months of your life trying to get a decision over a petty issue.
Most lawyers will give you a free initial consultation (often by email) to tell you what your chances are of winning and how much it will cost to do so. I really can’t see the harm in that.