(c) has been advised by [PARTY A] and has had sufficient opportunities to consult with counsel of his or her choice with respect to this agreement, and if one party to the agreement is a lawyer, its rules of professional conduct may require that the other party be effectively advised by independent counsel. (See, for example, the rules applicable to lawyers in Ontario.) 1. Recognition of contractual conditions. Prior to the signing of this agreement, [PART B] advice of Counsel. [PARTY A] advised [PARTY B] to review this agreement prior to signing this agreement with counsel of its choice, and [PARTY B] had a reasonable period of time to do so. (d) knowingly and voluntarily accepts all the terms of this Agreement, without undue coercion, coercion or influence by [PARTY A], its representatives or any other person, and agrees to be legally bound by such terms. However, this can be misinterpreted, which I have recently understood. There is a big difference between “Yes, I understand you” and “Yes, I agree with you.” This is the difference between recognition and agreement. It is an acknowledgement that the person had the opportunity to verify the agreement with a lawyer, not that he or she did.
The contract terms recognition clause (or verification by a lawyer or independent legal advisor) contains a confirmation from a person party to the agreement that they have read and understood the agreement, that they have had the opportunity to verify the agreement with independent counsel, and that they have signed the agreement voluntarily. I recently discovered that I have a blind spot in my communication style, which I take very seriously as a leader. As an active listener, I tend to nod and smile when I listen to someone. In addition, I will often insert a few verbal affirmations such as “yes/sicher/ok”, which are inserted into the spokesperson`s natural breaks to encourage them to complete their return. The aim is to show that I am giving full attention to the speaker. It`s important to be explicit, accept verbally or disagree (or, better yet, record it in an email afterwards) and be aware of our own communication habits that can be misinterpreted. . . .