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| Marcel Strigberger |
Former Blue Jays catcher Danny Janson made major league baseball history this week by being the only major league player to play for both teams in the same ball game. Yes, you read right.
Janson was up at bat in the second inning against the Boston Red Sox at Fenway Park in Boston back on June 26, 2024, when it started raining and officials decided to suspend the game and resume it on Aug. 26. Meanwhile, Janson got traded to the Red Sox, and on Aug. 26, he was in their lineup playing against his former team. As this game was officially a resumption of the June game, his name was listed on the Jays roster. However, when it came time for him to bat for the Jays, he would have had a bit of difficulty given that he was now wearing a Red Sox uniform. Another Jay, Daulton Varshow, did the official pinch hit for Janson, who now took up his position as the Rex Sox catcher.
As a lawyer, the first thing that jumped into my mind was the issue of conflict of interest. Lawyers have no wiggle room at all in this area.
I knew a rogue husband who was an accountant who was involved in a nasty fight with his wife. He knew the ropes, and in order to limit and contaminate his wife’s choice of top-gun family lawyers, he hastily called several of them to chat for a few minutes. When the wife eventually approached some of these lawyers, her call rang a bell and, predictably, they all declined, responding with something like, “Oh, you’re the wife of that accountant who called us earlier. You’re the lady who moonlights as a dominatrix? Sorry.” (OK, he must have said something memorable.)
Any hint of a conflict of interest and the lawyer has to back off.
Is it time for the law to be relaxed somewhat and soften this stringent prohibition? Looking at baseball, I would say the game has many helpful philosophical connotations. It can teach us many lessons. Oodles of baseball expressions have already found their way into the legal vernacular.
For example, if a lawyer is being difficult, they are accused of “playing hardball.” This designation is often accompanied by the rogue being called out for “throwing a curveball.” Sometimes these guys are reported to the law society, especially when they’re “off base.” No such risk if they’re playing softball.
And in negotiations, say at a mediation, a lawyer may be asking for too much. Opposing lawyer will say something like, “Henderson, you’re out in left field.” And if their offer is more ridiculous, the opposing lawyer will exclaim, “Hey Henderson, You’re way out of the ballpark.”
Negotiations may be suspended for a while with one lawyer hesitatingly saying to the other, “Let’s touch base again.” Of course, if nothing happens in the next couple of meetings, the matter will likely go to trial as with three strikes you’re out. (And if it does go to trial, I would blame Henderson).
And let us not forget that iconic ball player philosopher par excellence Yogi Berra. Some of his comments have definitely struck a chord with the lawyers. I speak of a lawyer who may be in the midst of a difficult trial. He can get encouragement from Yogi who said, “It ain’t over till it’s over.” Then again Yogi also said, “The other teams could make trouble for us if they win.”
Can we allow some conflict of interest in practice? It would certainly be interesting say if a lawyer is a Crown attorney prosecuting a criminal in the earlier stages of the case and this Crown leaves his prosecution job, becomes a defence counsel and meets up with the accused who then retains them to complete the case. The accused certainly might not have issues with this. Nor might the prosecution. The prosecutors are so busy, do they really care which defence counsel steps up to the plate? And the good thing is the switching lawyer, unlike Danny Janson, come trial time would not even have to get a new uniform. Same robe. Said lawyer would just have to make sure they only complete one counsel slip. Otherwise, they would look like pooh-bah.
Will the system relax the rules a bit? The legal world is a bit conservative. Maybe it’ll think about it for now. Blue sky it. Take a rain check.
Marcel Strigberger retired from his Greater Toronto Area litigation practice and continues the more serious business of humorous author and speaker. His book, Boomers, Zoomers, and Other Oomers: A Boomer-biased Irreverent Perspective on Aging, is available on Amazon (e-book) and in paper version. Visit www.marcelshumour.com. Follow him @MarcelsHumour.
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