Having empurpled with rage the kisser of a regulatory agency, I'd like to turn now to offending attorneys for various bank vendors who seem to take to personify the quality of some lawyers that business clients love to hate: we're "deal killers."
Actually, some of us are.
A case in point: a large financial institution sends out an RFP to solicit vendors to sell their services to the bank related toi a line of business that the bank is pursuing. There's a great deal of money to be made, so you would expect that the vendors who want to bid on the work would put on their best "smiley face" and also put their best foot forward. You would also think that they'd want to avoid offending the object of their affection by committing a faux pas akin to, while curtsying to the Queen of England, breaking wind with the force and sound of a watermelon hitting the sidewalk after a 10-story drop.
The initial contract that's customarily involved in a bank's RFP process is a mutual nondisclosure and confidentiality agreement, almost always drafted on the bank's standard form. Most vendors who are serious about bidding either merely review the agreement to ensure that they're not selling their children to an Eastern European white slave ring, then sign it, or request changes where there is a critical legitimate concern with a provision. Seldom will a bidder who seriously wishes to make a good first impression turn the nondisclosure agreement over to the equivalent of a first-year law student who's intent on spotting issues in order to make his contracts professor proud.
Then, you have the bidder who's counsel revised an entire paragraph on the first page of the nondisclosure agreement to change nothing of substance, only to re-designate clauses labeled "(i)", "(ii)," and "(iii)" to "(a)," "(b)," and "(c)." This is correct from a formatting standpoint, but in the grand scheme of things, so unimportant an issue to raise that it rings a bell as loud as Big Ben at the stoke of midnight.
The responsible bank officer ponders, "If this is how they act when they are romancing me, how will they behave like when they have had their way with me? How long will it take, and what will it cost me, to negotiate the vendor agreement if I select this navel gazer and picker of sub-atomic nits?"
Snatching defeat from the jaws of victory: it's a talent.
"[T]here are millions of people out there, just like you and me, with their thumb on the self-destruct button."--Etienne de L'Amour.