Background & purpose of the system 1 basic institutions, processes, and players 3
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Pre-Trial and Case ConferencesR. 50 – some generic material that might apply to conferences under r. 77 (process discussion) “provide an opportunity for any or all of the issues in a proceeding to be settled without a hearing and, with respect to any issues that are not settled, to obtain from the court orders or directions to assist in the just, most expeditious and least expensive disposition of the proceeding” Goal not to waste valuable trial time Consider “One Judge Model” Don’t need to get bogged down here – key point is tools of efficiency Nandise Hypo To think about: Legally – what rules and principles are in place Strategically – why some course of action might be beneficial Ethically – consideration Counsel for Nandise: Cash settlement most important to her, wants damages, but also wants to embarrass GM and make sure other manufacturers are made aware Legally – see ADR slide for where pressure comes from S. 138 CJA encourages us to not start multiple proceedings. More specifically 1.04 and 1.04(11) proportionality rules encourage us to do everything as efficiently and cost effectively as possible. R.24.1 required mandatory mediation in TO, Ottawa or Essex county. Rules of professional conduct must canvass ADR with client (r.3.2-4) Conversations around what the client wants, pros/cons, and then solution based on her instructions: Want to embarrass GM in the press is not the role of the lawyer. If what she really wants is for others not to be affected by similar manufacturers then private settlement won’t do Ethically – if she continues to instruct about embarrassing GM, will you really do that as an ethical lawyer? What do you recommend What tools do you use (motions, etc.) Note: class action could force settlement From GM’s POV, could go to press and set up a fund (strategic in an ethical way) Counsel for GM: wants privacy, info of a possibility of an issue broader than Nandise’s Milano Strategic: long run putting a lid on potential safety concerns? Careful about winning the battle but losing the war Ethically: really be the lawyer that papers a settlement that keeps this safety concern under wraps? To extent gut says no, take that seriously. Notice there seems to be ethical problems and would recommend a different course of action, or potentially get off the file Download 217.64 Kb. Share with your friends:
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