The Wellness Lawyer: “In the Interest of Justice”

There is a story about a business owner, we will call him Joe, who hired two people to help him unload large barrels of wine.

The wine was very expensive and he specifically instructed the workers to be very careful.

Unfortunately, as happens in life, one of the workers slipped as he was unloading the barrel and it cracked, spilling all the contents on the ground.

Joe was very angry. He told the workers that he will sue them for damages if they don’t pay him for the now unusable wine.

The workers were very poor and they begged Joe not to punish them as they have nothing to pay him with. They were relying on this job to buy food for their families.

Joe would not hear of it. He quickly prepared the papers and sued then in court for the losses he incurred.

When the case came before the judge of the town where they all lived, all the residents gathered to see how this case would evolve.

The trial did not take long. The facts were clear and the workers did not have a defence.The decision was quickly rendered. It was not a surprise to anyone, that the workers had to pay for the losses.

However, there is a twist to this seemingly simple story.

After the judgment was read, the judge then turned to Joe and said: “You are a learned man, a pillar of our society. Yes, these workers caused you to suffer financial losses and by the strict application of the law, they must pay. However, justice is not always served by following the strict application of the law. One must look at the situation and ensure that in the interest of justice, fairness and justice is preserved when decisions are made.

Thus, when you saw that these workers, who inadvertently caused damage to your wine, were so poor that they only had the clothes on their backs, you should have determined before coming to court, that in the interest of justice, it would not be proper to sue them and force them to pay you money that they do not have. “

So the judge delivered the second part of his judgment and ordered Joe to pay the workers the amount they would have received had the job been completed.

We learn from this parable, that even though the law may seem black and white on the surface as it applies to very clear circumstances, it is very important to remember, that justice is the ultimate goal that we need to achieve when administering the law.

There are rules of procedure that allow courts to make determinations in the interest of justice. Lawyers need to remember that when advising clients regarding potential litigation, that common sense, logic and the interest of justice need to be the foundation of the counsel. Even in the simplest of cases, there are always extenuating circumstances, and what may seem as a slam dunk case, may turn out to be a Pandora’s box.

In conclusion, whether you are a lawyer, paralegal or a judge, it is my humble submission, that first and foremost justice must be served. Thus, whatever advice or decision is rendered, the law needs to be administered in such a way as to not to be in the interest of justice, thereby no causing any more harm than has already been done.

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