[blml] Ignorantia juris non excusat

[Jerry Fusselman]

On 7/22/07, Wayne Burrows <wjburrows at gmail.com> wrote:
>
> This is the dictionary definition that I think of when I see
> 'understanding' in this context "a mutual agreement, esp. of a
> private, unannounced, or tacit kind" which has more similarities to
> 'agreement' than 'experience'.  In fact it is almost synonymous with
> 'agreement'.
>

Please don't think of the definition that is synonymous with
agreement---this one is probably #3 or #4 in a short dictionary.  I
was suggesting "understanding" to be different from agreement---not a
synonym.  Please think of definition #1 in your dictionary, which is
probably synonymous with comprehension.  That is, please use a
definition that corresponds more closely to "understand" than "agree."

>
> The issue is not about disclosure.  I have no problem disclosing what
> I know from partnership experience.  I have a problem when the
> director tells me I have an agreement when I do not.
>

Still thinking of the dictionary definition of agreement, aren't you?
When the director says "agreement," maybe you can just imagine he is
saying "understanding" with definition #1.  I don't think he means
anything other than you have to disclose it.  I doubt that he cares at
all whether your understanding is from agreement (in the common sense)
or experience.  He is using "agreement" as short for "what you
understand about the likely hands that partner holds."  With that
understand, maybe you would have no problem with what the director
tells you.

-Jerry Fusselman