Don't Get Caught Offside

Posted by wlansden | Filed under , ,

Given the uproar following the “offside” calls against Team USA at the 2010 World Cup, now is as good a time as any to warn young associates against an analogous infraction in law practice.

First, a wholly inadequate primer of the offside rule under FIFA Law 11: An offside offense occurs only when two conditions exist—1) the player is in an “offside position,” and 2) the player is “involved in play.”  Thus, an offside offense can occur, for example, when a player posts up near the opponent’s goal, waiting for the ball to come to him, and then tries to take what he might think will be an easy and perhaps game-winning shot.  (For those concerned with technical accuracy, check out FIFA’s animated tutorial)  But because of the speed at which the game progresses, conditions giving rise to an offense also can catch otherwise attentive players off guard.

Warning to young lawyers:  Do your part to make sure you don’t get hit with an offside offense by partners, clients, opposing counsel, or a judge.  As in soccer, an offense can occur before you know it if you lose sight of where you should be in advancing a matter, get used to waiting for others to tell you your next move, or believe that you can always take last-minute steps to make up for early inaction or carelessness.  Lest you think otherwise from Landon Donovan’s recent TV appearances , you’ll likely get little sympathy for drawing an offside offense, even if the call was made in error.

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