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NeCede's

Maxim 4.6.10

It is difficult that one man should sustain the place of two.

Source: 4 Coke, 118; Weisman, 61b Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law disfavors placing one person in two incompatible roles — cite this to challenge a dual appointment or conflict of interest where one man is asked to serve as both judge and party, or agent for opposing principals.

Where this applies

  • A judge is asked to preside over a case in which he is also a named party; the court removes him because one man cannot properly fill two incompatible roles at once.
  • A trustee is also the sole beneficiary of the trust, creating an inherent conflict; the court appoints an independent trustee because it is difficult for one person to sustain the place of two.
  • An attorney attempts to serve as both advocate for the plaintiff and mediator in the same dispute; the court disqualifies him because the two roles are irreconcilable.

Legal domains

Cite this maxim

NeCede Max. 4.6.10 — It is difficult that one man should sustain the place of two. — 4 Coke, 118; Weisman, 61b

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