When Ego Meets the Law

    In case you are wondering, I am a Patriots fan, I bleed the colors of Boston's sports teams. So, my bias is on the table.  I have however, done my best to keep that at bay as I have followed the story of "Deflategate." I've read the Wells Report, and the Decision of Judge Richard Berman.
    What has always stood out to me, is how that in all respects, a certain conclusion was desired, and the investigation was framed to reach that conclusion.  The level of proof is not that of a criminal action, (proof beyond a reasonable doubt) or a civil one (proof by a preponderance of the evidence),  But this blog isn't about whether any balls were deflated, or who may or may not have known what and when.  This is about my thoughts on when huge egos clash in court, or before they make it to court.
   When this happens, there are rarely settlements.  Both litigants are more interested in making the other look bad, puffing their chests, and digging in their heals.  In nearly 30 years of practice, I know one thing for certain, no one ever tells the full truth.  They may not lie, but they omit things that they think will portray them in a negative light.  It's human nature, we are told from early on, "put your best foot forward" "don't let them see you sweat," among other platitudes .
   Sometimes, however, we have to take our egos and set them aside, and look at the conflict from a conciliatory viewpoint.  In a divorce, for example, I will tell a client, "while I understand that on this point you are right, let's consider how your solution will impact your children."  Sometimes the result may benefit the client, but harm their children, or visa versa.
    In the case of "Deflategate" has either Brady or Goodell, taken themselves out of the equation, and asked "what is the best thing for the league, or the Patriots, or the fans?'  I honestly don't think so.
    Attorneys are told by judges all the time, "If you leave the decision up to me, someone will not be happy." Judges want cases to settle, that way both parties have some ownership of the resolution, Judge Berman did his best to encourage a settlement between the NFL and Brady, but it's clear, ego, and not reason ruled the day.
So, although there was a decision, which legal pundits with argue about until the end of time, the appeals process will drag the matter out for at least another year.  The parties will be distracted, and their heals will become full entrenched.