Client’s right to foolish mistakes

There is a saying in law that goes like this: the law does not protect persons from making foolish mistakes.

The maxim is often applied in cases involving contracts where a party enters into agreements with very disfavorable stipulations (the foolish mistakes) usually for short-term gains and later on cries foul wanting to get out of a legally binding obligation.

In deciding such cases, jurisprudence does not mince words and instead call it for what it is: foolish mistakes. For that, the law affords no protection.

A mistake is foolish when a person is aware of the consequences yet still proceeds to do the act contrary to and against the usual standards of what is logical and/or reasonable.

On a similar fashion, this likewise applies in private law practice.

Lawyers are there to advise, counsel, and guide. They provide a sound and reasonable analysis of the pros and cons, of the costs and benefits. After everything is said and done, experienced lawyers know that the decision is with the clients.

Whether a decision is good or bad is often a matter of details, timing, and fine tuning.

However, a foolish mistake is usually due to a lack of certain good decision-making traits on the person. Chief among which is discernment.

Regardless, experienced lawyers know that decisions of the clients have to be respected. After all, there may be some reasons unknown to the lawyers and which plays an important factor towards the client’s decision-making process. It may seem a foolish mistake to the outside world, but not to the clients at the time the decision was made.