A Lawyer's Perspective - Competing Considerations

Mates,

Good Morning.  Not going to make this a diary (or a dairy), but wanted to put a couple of things out there before the day gets going.  We are all ticked off about how this suddenly ended with seemingly the worst possible outcome, and voluntarily.   I also am fond of a saying learned many years ago, "You know what you know, but you don't know what you don't know".   What we don't know might be tougher to figure out but lets see what we do know or at least believe.

First, from my review of the pleadings and knowledge of these types of procedures, we were in a very good place to win this morning.  Having handled a number of these types of procedures and having tried hundreds of cases this was a hearing we wanted to have, and have it with an enthusiasm unknown to mankind.

Second, the surrender yesterday did nothing for us as far as we know*.  What difference is there in a headline from "Michigan Loses Hearing.  Suspension Stands.  News at 11" from "Michigan Folds Tents.  Admits Cheaters and Best"?  In other words, we gained nothing from surrender and lost a very, very good shot at a win.  Unbelievably weak, sniveling, pathetic 'deal'.  You have got to be kidding all of us. 

Weigh those against two more considerations.  One was mentioned by MgoHillbilly when he rightly pointed out last night that there can be cases where, for instance in a criminal matter, the client's family is all gung-ho about going to trial and outraged by a plea that the client is offered but they don't have the big picture and don't know or appreciate some very critical facts.  Also, sometimes the price of failure is catastrophic and simply not worth wagering in the face of a known, final resolution.  We can all talk very bravely until it's our neck on the line looking at the abyss.  

And then you get to our KFATA (Known Friend and Trusted Agent) Craig Ross who, with impeccable sources, says that the Board of Regents went around their counsel, local counsel, and somehow brokered the worst possible deal.  It is my further understanding that Harbaugh did not agree to this.  Remember too, he was technically not a named party to this litigation (AFAIK). And we all shake our heads and mutter curse words.  I will tell you that clients do sometimes make crazy decisions and destroy their own cases.  It happens. 

So what do we do, where are we in all of this?  A couple of thoughts.  First, I think we simply have to figure that there are some significant things we simply don't know*.  That is a hard one to fathom since we know the lawyers closest to the controversy were absolutely ready to rumble this morning but there has to be some rational, even if weak, reason for what happened.    And second, I think you simply have to put this into the category of things you care about, maybe even care too much about, but cannot do anything about.  In other words, steel up your spine, drink some whole milk, have some vitamin steak and keep marching to the Victors.  

And no matter what, remember Coach Moore's awesome words after the PSU game.  We have the best players, the best alumni and the best university in the world.  We also have the best coach.  Support our players and our team and don't waste too much time trying to analyze something that can't be changed by any of us. 

Have a great Friday.  It is still football season and we are about to make the terps road kill.

Go Blue!

XM