No One Told Me I'd Be Cutting Ties With Chums After Becoming An Attorney!

I had a high school classmate seek advice.

She's managing her own travel and transpo agency. She asked me to read the terms and conditions of the services she was offering. And she also broached the idea about having her clients sign a waiver. 

At first glance, that waiver almost seems harmless. But she was asking me if she could exempt herself from liability should her clients encounter any mishap while island-hopping. 

So imagine this. 

You sign up for a sightseeing tour of the picturesque islands in Southern Luzon. You've slathered on the sunscreen. You're wearing that bikini or those mid-thigh trunks perfectly showcasing the result of months of dieting. You have your pals with you. And you have the summer sun evenly coating you a golden hue. You're on your way to an island, a couple of kilometers from the port. The ocean is a clear blue and you get knocked around your seat from the bumpy ride, waves slapping against the sides of the boat. 

Unfortunately, your boat capsized. You see your friend flailing around and you turn to see panic etched on everyone else's faces. You're only in the middle of the ocean, with the seabed miles beneath you.

Even if you get to save your friend, the damage has been done. Fear sets in where he once thought he was invincible. 

You manage to get the boat working, luckily, and you travel back to the port hours past schedule.

My friend is asking me to waive her liability from overseeing the maintenance of that boat...and whatever other services she's offering to the public as a public carrier.

At first I told her, to mandatorily include the payment of premium in the package offer. She wouldn't budge. 

She was concerned about losing clients. The travel industry was just recovering from the travel ban imposed. Many of the transport agencies were offering less-than-market rates to entice customers to avail their services. 

Basically, it was a race to the bottom, depending on how much she can stomach the loss of potential gains.

I wanted to tell her that quality customers (those who had the means of paying) wouldn't mind paying extra for the premium so long as her services were stellar. But I let her ramble on and get to her next point.

She didn't want to listen to me.

I was getting the feeling that she sought my advice to hear what she wanted to hear, even if it was illegal. Not only did this show disrespect for my time (because I was advising her for free), but she didn't put a prime on rendering quality service for her clients.

Irked, I told her 

Siguro idealistic pa ako. But I wouldn't compromise the safety of my customers to cut costs. It's a bad strategy in the long run. 

What's a couple hundred pesos' worth to pay for the insurance premium if it will help cover costs for any mishaps/ accidents that could occur during the transport?

Mabuti kung wala. 

E papaano kung meron? Her company would be put in disrepute, and clients would opt for other companies that could offer them safe transport to and fro islands. 

I know other lawyers would have readily told her what she wanted to hear, especially if she were a paying customer. But I told her what she needed to do, for the benefit of the public she was catering her services to. 

I couldn't help but be discouraged at maintaining our friendship. Being a lawyer isn't an easy job. In fact, you might end up cutting ties with some old pals.