Two companies we have a contract with are in a dispute

[Hinam]

Hi hopefully what i'm writing makes sense ,

The business i work for has a contract with another company that does the marketing for ours and acts as a middleman between us and a law firm we submit cases too. The marketer obtains their fees through the law firm and we also take a commission for cases passed to the law firm (which is all done through the market). The marketing company is now in dispute with the law firm for outstanding fees owed to both the marketer and us. However, we also have a separate contract with the law firm, which was done prior to having one with the marketer allowing us to obtain fees from them directly. But would this put us in any sort of difficult position with both agreements running side by side?

[atticus]

Yes. Are you sure that the second agreement does not supersede and replace the first?

[Hinam]

Yes. Are you sure that the second agreement does not supersede and replace the first?

Thanks for the quick reply Atticus, i'm not entirely certain, because they are ongoing contracts from two different companies can one supersede the other? Sorry, i don't know alot about contract law so not entirely certain what the rules and regulations are relating to this.

[atticus]

Your first contract was directly with the law firm

Your second contract was with an agency. It appears to relate to the work done for the law firm, but being done with the agency as an intermediary.

The question is whether the second replaced (or was intended to replace) the first. To answer that:

(a) does the second contract contain any specific terms making it clear that it supersedes previous contracts between you and the law firm?

(b) does the second contract contain any provisions preventing you dealing directly with the law firm?

(c) Since the second contract came into being have you ever dealt directly with, and been paid directly by, the law firm?