Maxim 1.5.331
No one is bound by counsel.
Nemo ex consilio obligatur.
Source: Wharton, III-196; Weisman, 77k; Weisman, 84k
Difficulty 3/5 — Intermediate
Explanation
Mere advice, whether from an attorney, officer, or any other person, creates no legal obligation on the recipient — a man is bound only by his own acts, contracts, and the operation of law, not by another's opinion.
Where this applies
- A homeowner's attorney advised her not to pay a disputed tax bill, but when the tax authority places a lien on her house, she cannot escape liability by blaming her lawyer's advice because no one is legally bound by another's counsel.
- A business owner follows his accountant's recommendation to claim an illegal deduction, and when the IRS audits him, he cannot shift blame because the advice of another creates no legal obligation.
- An employee acts on a supervisor's informal suggestion to destroy old records, and when a lawsuit reveals the destruction was improper, the employee cannot hide behind the supervisor's counsel because mere advice does not create a legal duty.
Legal domains
Cite this maxim
NeCede Max. 1.5.331 — No one is bound by counsel. — Wharton, III-196; Weisman, 77k; Weisman, 84k (Nemo ex consilio obligatur.)
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