Trainee interview questions

that pop up  in real life:

1. A lawyer on the other side has just  emailed to ask me what I understand the difference to be between warranties and representations. My draft reply currently says I think they are basically the same and we don't need both and he agreed so we now only have warranties.  Should I send it, or put him right, or do this by phone?

 

prestigious real estate law firm once sent me an enquiry asking what is meant by the term “rack rent” in a disclosed lease. 

Without checking, I think the difference comes with the remedies, especially if you are innocently wrong.

I warrant there are no claims: damages will lie on the contractual basis.

I represent the same thing: in principle rescission for misrep is available, and alternatively damages on the tortious basis.

Please correct me someone.

This is a lawyer site though, so although it is good for love life advice it is pretty craap when it comes to basic legal questions.

Or are you asserting to him that he has already agreed they’re the same?

 

"A lawyer on the other side has just  emailed to ask me what I understand the difference to be between warranties and representations."

I would caution against assuming that this lawyer does not grasp the distinction and is asking the other side (you) to enlighten them.

Or perhaps they don't and they meant to send the email to their PSL.

It's not your duty to put him right.  I'd focus on what your client needs in the document and try and get that in.

Draft response: " I believe you sent this to me in error and that you intended to send this to your colleague/supervisor. I will delete the email from my inbox. Kind regards."

whom does the error benefit?

if your client, ignore

But the OP seems to suggest they have agreed (wrongly I am sure) that there is no difference...

"I think they are basically the same and we don't need both and he agreed so we now only have warranties" 

Yeah sorry fooked the OP. We have agreed to remove the word representations based on his email so our client will only be giving warranties. 

It's not going to affect anything because our client is squeaky clean but he doesn't know that.

Jeepers. I had no idea what an exciting and intellectually stimulating life lawyers enjoyed. 

Worst I've heard from co-interviewers:

- Your CV is amazing,, why the fook do you want to be a lawyer

- Imagine you have to explain the concept of a contract to a martian, how would you describe it?*

*one cocky lad said " Beeeeebop mweoooowting ting" and i recommended him on the basis of that answer.  **

**I was overruled and he went to an MC firm

prestigious real estate law firm once sent me an enquiry asking what is meant by the term “rack rent” in a disclosed lease.”

heh

I hope they also asked what a FRI lease was and you said it was a lease of premises for Fridays only