Tagged lawyer pitfalls

Stop, look and listen

To a France Inter audience this past weekend, American journalist and Obama-watcher David Page commented the U.S. President’s rise to the world’s top political job virtually from nowhere can be attributed at least in part to a technique described at pedestrian rail crossings: Stop, Look and Listen.  What can lawyers learn from this? (la version français suit) According to Page, Obama on the campaign circuit invariably waits for his interlocutor to speak, intensely looks him in the eye and pauses, on purpose, after his counterpart has stopped talking.  Common and natural political behaviour, you might say.  Except in his case,…

Rule 30.1 ~ The Quicksand between Rules 30 and 31

Recently, my opposing counsel in a product liability matter cited the “Deemed Undertaking Rule” as grounds for the manufacturer not to comply with a discovery undertaking to produce information from prior incidents linked to the same device. (la version française suit) If my opponent were right, she would have landed in a patch of professional responsibility quicksand.  Under subrule 4.01(7) of the Law Society of Upper Canada’s Rules of Professional Conduct, she was obliged to fulfil the undertaking, clearly recorded in the discovery transcript.  If my friend gave an undertaking which she could not fulfil, she had already breached rule…