CYA Letter Clause Samples
A CYA (Cover Your Ass) Letter clause serves to formally document communications, decisions, or actions taken to protect an individual or organization from potential future blame or liability. In practice, this clause may require parties to send written notices or summaries of discussions, especially when there is disagreement, ambiguity, or risk of misunderstanding. By ensuring a clear record of what was communicated and when, the CYA Letter clause helps prevent disputes and provides evidence in case of later challenges or accusations.
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CYA Letter. Because of the risks associated with postnuptial agreements, a letter to the client memorializing your concerns about risk is a best practice. This is particularly true if the client is deliberating between getting a divorce, or continuing the marriage with a postnuptial agreement. If the client elects the postnuptial agreement, has a substantial improvement in finances thereafter, but the postnuptial agreement later proves ineffective and protecting that increase in wealth, the client is in a position to argue that he should have sought a divorce and your counsel in the direction of a postnuptial agreement was misguided. Best Used in “No Downside” Cases. Typically, we will prepare postnuptial agreements only in cases where the client does not presently consider divorce to be an option (e.g., unhappy marriage, but intent on staying together for the children). In these cases, there is no material downside risk presented from a postnuptial agreement, because the client is no worse off with a postnuptial agreement that later proves invalid or unenforceable than if the client had not entered into the postnuptial agreement and stayed married.