Credibility

I’m a big Toronto Raptors Fan.

I’m also a personal injury lawyer.

I jump at the chance to marry these two topics for the Toronto Injury Lawyer Blog.

Recently, Kawhi Leonard was fined $700,000 by the NBA for accepting no-show endorsement deals which were brokered by the LA Clippers. It was a slap on the wrist when you look at the amount of money he received in these off court no show endorsements vs. the $700,000 he was fined. He made a lot of money from these deals.

The investigation into his wrongdoing spanned numbers of months and cost millions of dollars in legal fees.

Throughout the investigation, Mr. Leonard denied any wrongdoing, stating:

“It’s easy for me, I don’t read headlines or do conspiracy theories or anything like that. It’s about the season and what we’ve got ahead of us right now. Tomorrow we’ll start camp, and see what we got.”

When asked about the investigation, Mr. Leonard stated: “The NBA’s gonna do their job. None of us did no wrongdoing. And, yeah, that’s it… We invite the investigations. It’s not gonna be a distraction for me or the rest of the team.”

When asked about Aspiration, the company which he received money and stock options from, he stated “It was fraud, as everybody knows. If you want any more questions or details about that company you need to ask the owner or whoever else is involved in the fraud that went on.”

Mr. Leonard’s statements were on the record, which, in the Court of public opinion and in the Court of Public Relations; is as good as a statement given under oath.

Here’s the problem.

Mr. Leonard said one thing on the record; namely that he did nothing wrong and that he was not involved in anything out of the ordinary. But the NBA found it was the exact opposite; and then Mr. Leonard accepted the outcome of the NBA’s investigation.

The contradictory statements speak to Mr. Leonard’s reliability and credibility. He is not a reliable story teller; nor is he a credible witness/party. His hands are not clean; despite the fact that he went on record to the media that he had done nothing wrong.

There is something very wrong with this picture; and it bears consequences.

Continue reading →

I was chatting with my 8 year old son not long ago about house prices.

He was curious as to why a small home in geographically desirable part of Toronto would sell for more than a much larger home in less desirable town with less amenities and less access to services.

We spoke about the golden rule of real estate: Location, Location, Location.

People will pay more money for a home with easy access to transit, postal services, entertainment, schools, potable water etc. Living off the grid might be desirable for some, but not most people, and is far more difficult than living on the grid.

There is a golden rule for personal injury law as well: Credibility, Credibility, Credibility.

If a Court doesn’t accept what a Plaintiff has to say about their case; then chances are that the Plaintiff won’t win.

The same can be said for a Defendant. If a Court doesn’t accept the Defendant’s evidence, then there is a very good chance that the Defendant will not be successful.

But, here is the hurdle for the Plaintiff.

The Defendant, in the vast majority of personal injury cases, will only be able to provide evidence as it relates to liability (how the accident happened). The Defendant will not be able to speak to the other major 2 elements of a personal injury case. The Defendant cannot provide evidence with respect to causation. Nor can a Defendant provide evidence as it relates to injuries or damages. Any by not being able to comment on these areas, the Defendant can win the case. It’s an example of less is more. The Defendant won’t be able to dig themselves into a hole by saying something which they shouldn’t say; or by rubbing a judge or jury the wrong way. The Defendant will stick to the information which they know as it relates to liability; and then; in the majority of cases won’t have anything left to say.

Continue reading →

Articles Posted in Credibility

Kawhi Leonard and Credibility in a Personal Injury Case

In a Personal Injury Case: It’s all about Credibility, Credibility, Credibility