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NeCede's

Maxim 7.2.23

A new road, not an old one, often deceives the traveler.

Source: 4 Inst. 34; Tray. Lat. Max. 162; 2 Coke, 34a; 3 Coke, 81a; Weisman, 29n Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) Counsel should warn clients that novel legal theories and untested procedures carry greater risk of error than well-established paths — the old and familiar road is the safer one.

Where this applies

  • A lawyer persuades a client to try a novel constitutional argument that has never been tested in court, and the client loses — the untested legal theory led them astray.
  • A startup investor pours money into an unproven business model instead of an established franchise and loses everything — the new road deceived the traveler.
  • A homeowner hires a contractor who uses an experimental building technique instead of conventional methods, and the roof leaks within a year.

Legal domains

Cite this maxim

NeCede Max. 7.2.23 — A new road, not an old one, often deceives the traveler. — 4 Inst. 34; Tray. Lat. Max. 162; 2 Coke, 34a; 3 Coke, 81a; Weisman, 29n

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