Watch the slow motion replay at the end of these videos. Who do you think had the ball?
http://www.youtube.com/watch?v=TXDs1YQO04k
If a referee’s call is wrong, does the “winning” player have to say: “Sorry ref, you got it wrong; I did not have the ball; the other guy had it”? No, he does not (please let me know if there is a NFL rule on this that I am not aware of).
What are the obligations of a lawyer if a judge makes or is about to make a wrong call in litigation? See Rule 3.3. The answer turns on why the judge is getting it wrong.
And why is the role of a lawyer different from the role of a football player?
The more complete answer to your question about why lawyers are different is in chapters 2, 4, 5, and 6 of Understanding Lawyers' Ethics (4th ed., 2010). The short answer is that a lawyer has a fiduciary obligation to her client which includes duties of loyalty and confidentiality, and she fulfills a number of constitutional rights of her client, including the right to counsel and the right against self-incrimination.
Posted by: Monroe Freedman | September 26, 2012 at 03:17 PM
I have always found the comparison between judges and game officials to be simplistic and fatuous. Judges are presiding over a process which should be designed to seek (if not find) justice. Referees and umpires officiate over a game, meant solely for enjoyment of the participants and entertainment of the audience. They are enforcing rules meant to prevent the participants from crossing the line from "sport" to mayhem. (Having officited two sports for more than 30 years, I can say that the line is not always bright!) The athlete has no "responsibility" except to himself and teammates. The lawyer, on the other hand..... well, I can't come near saying it as well as Professor Freedman.
Posted by: Paul J. Burgoyne | September 26, 2012 at 03:34 PM
I'm not at all an expert on golf, but I seem to recall that the rules of golf do impose an obligation on professional golfers to self-report their own violations, and there have been golfers who have been disqualified for not doing so.
On a less professional front, Ultimate (frisbee) is a non-refereed sport, and players are expected to judge rules violations collaboratively. So a part of the answer about football (and baseball and basketball) players vs lawyers has to do with the cultural (as well as institutional) norms of each activity.
Posted by: Tung Yin | September 26, 2012 at 04:36 PM
I agree with Tung that the comparison is difficult because the norms of each sport can differ. Sometimes lawyers are required to notify the ref/judge or the opponent that a mistake has been made in the lawyer's favor. Other times they are not. In some sports, you do set the record straight; in others you don't.
Posted by: John Steele | September 26, 2012 at 04:42 PM