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With respect to any contract: The term undermines the integrity of the contracting system itself, or The term undermines the integrity of any statutory scheme granting to the court the power to review agreements allowed by the statutory scheme. With respect to matrimonial agreements: The operation of the term appears likely to result if any party to the agreement seeking public assistance, or The term interferes with the ability of a party to seek reform to avoid having to seek public assistance, or Adversely impacts the interests of children of the marriage.

This article suggests that the judicial power to make determinations concerning unconscionability be limited. The result will be that parties to any contract must assume greater responsibility for the consequences of the terms they agree to. The article argues that fears that such limitations on judicial power will result in an elimination of a fail-safe mechanism against predatory practices not otherwise addressed in the law are unfounded. Only those who are not prepared to accept responsibility for a poor decision stand to lose by this proposal. After all, the ultimate fail-safe mechanism is to simply enter into an agreement and not sign on the dotted line.

To learn more about the growing concept of using an executive director for managing certain aspects of the business end of practicing law, read Managing Partner or Executive Director? A New Model for Law Firm in the June 2011 issue of Law Practice Today. Who handles the daily business issues in your law office? Do you have a managing partner who does all the work, a secretary whose duties include business management, a bookkeeper with broadly defined duties, or an actual business manager like the executive director proposed in the article? Share your thoughts and experiences in the Comments section below.

The law consists of a body of legal rules socially accepted that apply to the operation of the State's institutions and that establish the relationship between the citizens and the State. The law, in France, is essentially made up of written rules that are called sources of law. These can be rules adopted by States or between States, on a national level, but they can also come from national and international case-law. On a local level, these sources can come from municipal judgment, from professional corporations, such as l'Ordre des médecin ; from rules concluded between citizens, such as collective agreements or contracts; or simply from customs.