45
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
united-states
But what is that legal reason? Why would an organization not be able
to state their position with respect to the issue, such as "We believe
we acted correctly, but this will be ...
- 194k
14
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
common-law
Yes, the legal reason is called sub judice.
The US seems to be less bothered about it due to the First Amendment, but in the rest of the common law world (UK/CA/AU/NZ etc.) publicly ...
- 25.5k
11
votes
In a civil trial, can a party “call” its opponent’s witnesses in making its case?
ontario
Any party may call a witness that has relevant evidence (Rules 53.01 & 53.04). There is "no property in a witness" (see also Unifirst Canada Ltd. c. 9766065 Canada inc., 2021 ...
- 42.8k
7
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
It can be a bad idea in germany
While it is not illegal to speak about the own ongoing litigation, talking about it can be very ill-advised:
News articles are usually not admissible as evidence in ...
- 33.2k
5
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
Can't help, might hurt
You're just giving ammo to the opposition.
First, they can cite what you said directly, right in court. If you have anyone public-facing with "foot in mouth disease", ...
4
votes
In a civil trial, can a party “call” its opponent’s witnesses in making its case?
Clarence Darrow took the unusual step of calling the prosecution counsel as a witness during the Scopes Trial.
- 958
4
votes
Is there a legal reason that organizations often refuse to comment on an issue citing "ongoing litigation"?
Even if you are right, court proceedings are still expensive, strenuous, and time-consuming. So, it is common in court cases involving organizations or corporations that they end without a judgement, ...
- 2,193
3
votes
Accepted
Why "client is best friends with the firm's managing partner and will never settle"? Rather than AND "the law clearly supported the firm's client"?
Bargaining bluff
Telling them that you have "exhaustively researched the law" in the endeavor to make them settle will only invite them to question & debate your research and thus grant ...
- 25.5k
3
votes
Why "client is best friends with the firm's managing partner and will never settle"? Rather than AND "the law clearly supported the firm's client"?
Because when Lawyer A claims to have exhaustively researched the law and concluded that his client is right, Lawyer B will not credit that statement, even for a second.
- 57.1k
3
votes
Accepted
What is the legality and practicality of conducting litigation under a pseudonym?
In an adversarial legal system, the parties are responsible for framing the issues in dispute and adducing relevant evidence. The parties, and perhaps more importantly their lawyers, also have an ...
- 8,607
3
votes
Are exhibits presented in order of importance or the order they'relisted?
I agree with @INaki Viggers that:
There is no "formal" rule on that, but it is common for exhibits to be
labeled/listed in the order they are referenced in the pleadings and
briefs.
But, ...
- 194k
1
vote
Why "client is best friends with the firm's managing partner and will never settle"? Rather than AND "the law clearly supported the firm's client"?
Because this is a negotiation, not a legal argument
What you say to your opponent before you get to court is not (necessarily) a statement of your legal rights. It’s a discussion on how to end the ...
- 197k
1
vote
Accepted
Can one elect one's style/title of address in judicial proceedings?
There do not appear to be any specific judicial rules or legislation covering this, other than the common law principle that you can use whatever name pleases you provided it is not done with intent ...
- 3,722
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