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
November 17th, 2023 at 5:23 AM ^
I would like you to write a diary about how Michigan, year after year, constantly punches themselves in the face.
Going back to Moeller getting canned, the fab five and their banners, and Rich Rod and stretching. Now we have this horseshit.
Our university has shown itself to be soft as Ryan Day. I'm not okay with that.
It was time to punch the motherfuckers in the mouth and instead we took our ball and went home
November 17th, 2023 at 5:33 AM ^
It was time to punch the motherfuckers in the mouth and instead we took our ball and went home
We didn't go home. We shook hands.
Fucking cowards.
November 17th, 2023 at 9:55 AM ^
Cool.
Beat Maryland and Go Blue!
November 17th, 2023 at 6:53 AM ^
"Jim Harbaugh" can't be on the sidelines, but if he cleverly changed his legal name to, say, Art Vandalay...
Seriously, Michigan agreeing to what appears to be more capitulation than middle ground is a head scratcher. All we can do is hope the players stay pissed, keep fighting the good fight and win without mercy.
November 17th, 2023 at 8:54 AM ^
I think Harbaugh should buy a ticket in Columbus in Connor Stallions name and go scout them for next week.
November 17th, 2023 at 7:42 AM ^
I'm holding out hope that there is an ulterior motive. Maybe Michigan was okay with the precedent being set that head coaches can be held responsible for any violations. Next step is to release the evidence that they have on OSU either before The Game or in the off-season to get Day suspended for the game/this postseason/next season. Surely swapping signs with other teams, giving money to recruits/players, paying for the PI that started this, etc. is worse than a violation for one staff member organizing a way to get the same information that every team has?
November 17th, 2023 at 7:52 AM ^
But the problem remains that those handing down the verdicts have no rules to follow. The "guidelines" are ambiguous enough that any interpretations are at the mercy of individual, random bias.
November 17th, 2023 at 8:03 AM ^
Seriously doubt we have any evidence and, if we did, I seriously doubt we have the balls to release it.
November 17th, 2023 at 8:06 AM ^
Our evidence is just video tape Jim Harbaugh watching Michigan football from 2008 - 2014 and sobbing
November 17th, 2023 at 8:55 AM ^
To expect whoever made the decision to capitulate is actually setting up some Columbus based third party is wishful thinking bordering on fantasy. Whoever made the decision to capitulate lacks the intelligence or cajones to pull it off.
November 17th, 2023 at 8:47 AM ^
FWIW, I talked to my friend at the NCAA, and he thinks this was UM's right and smart move. First, he said that the NCAA did not want to make a big case out of this, but BIG was pushing them to dig deeper and confirm that Jim should be held responsible for the actions of the person reporting to him. The pressure from BIG on the NCAA is gone now.
Second, he figured that during interviews with staff and coaches, some evidence could emerge that someone else knew about this scheme. He said that 3 years is a long time, and something might have been shared with someone on the staff. The NCAA would take it more seriously if it emerged that someone else knew about this. He said that the NCAA would do some additional investigation, but he did not expect it to lead to additional penalties.
One last point he made was that when Tony told them that he wanted to get feedback from other coaches and ADs, the NCAA people felt that it was an amateurish idea.
I think, his second point was very important. There is a chance that someone else knew about this scheme, and UM did not want to take that risk. We don't know what UM knows.
November 17th, 2023 at 9:13 AM ^
There is one person on staff that coach would take an actual bullet for, so it stands to reason he would be willing to take a metaphorical one too.
November 17th, 2023 at 10:45 AM ^
This is the only plausible, logical hypothetical we have when we don't have the facts.
I worry most about the message this sends to our players. To me it reads, "Don't be angry because your coach is being unjustly persecuted during the most critical moment of our once in your lifetime championship run when everything you've worked for is on the line. I made a deal to walk away."
How does that not confuse and anger the players in the wrong direction? If coach did nothing wrong, why is he abandoning them now?
How is he showing them he loves them and will defend their dreams when he plays this situation like Ryan Day on third and three?
Without further facts, I would trade all our regents and lawyers for those at Kansas right now.
Harbaugh had to agree to this. There's no way he dropped his petition against his will. I don't understand how he could do that.
November 17th, 2023 at 9:48 AM ^
The University of Michigan is a large institution. Standing up for what’s right isn’t something large institutions do. Instead, they tend to bend in whatever way the wind is blowing. My money is on the Board of Regents not giving a shit about football and preferring not to upset their peers at other Big 10 schools by putting up an unseemly and public fight about something that doesn’t really matter. The Chamberlain-esque statement of capitulation didn’t come from Ono, who seemed all in, so it must’ve come from above him. The whole thing is extremely disappointing, and there can be no doubt no one is more disappointed than Harbaugh.
When Harbaugh was fired by the 49ers, he said, “I didn’t leave the 49ers. The 49ers left me.” The same thing is now happening at Michigan. They’re not going to fire him, and I imagine the contract offer will still be on the table, but with this move they’ve left him. The most infuriating part of the whole thing is the smug prick Ryan Day, who started this because he couldn’t compete on the field, won’t have to walk across the field shake Harbaugh’s hand after a third straight loss.
November 17th, 2023 at 10:57 AM ^
Yeah but it would be even more embarrassing for day to shake Moores hand after a loss.
November 17th, 2023 at 10:11 AM ^
That’s all fine and good but then when not make a deal two weeks ago? Why posture and file a lawsuit and all that BS just to give up a week later and accept 3 games when 2 was more likely on the table at the start?!?
November 17th, 2023 at 11:20 AM ^
This has to be the answer. Only thing that makes sense.
November 17th, 2023 at 10:36 AM ^
I don't think this is what is happening but I could get onboard with it. It removes the narrative out there that we are pointing fingers and saying "but they did" this too. We admit that something wrong occurred and we take our punishment and now we are just asking that the Big Ten holds everyone else to this same standard when someone points out something they did wrong.
November 17th, 2023 at 8:59 AM ^
*Disclaimer: This is posted with the presumption that there is no unknown evidence that would increase punishment and/or that there is none to be found by further investigation, knowing that could be an erroneous premise.
We want Michigan to compete like Ohio State, against Ohio State.
Michigan wants to compete like Stanford, against Ohio State.
For those who want to leave the Big Ten over this, what we saw is that unequivocally, Michigan will not compete in the SEC, not because they can’t, but because they will choose not to.
Only choice is the ACC where culturally, there’s at least a fighting chance.
November 17th, 2023 at 9:13 AM ^
Oh. If there is one thing I've learned from this capitulation is UM isn't going to be the University that leaves the B1G and starts the ball rolling to a super league. We are more likely to hope the Big Boys like OSU and USC take us with them when they do it.
November 17th, 2023 at 5:40 AM ^
Now we know what the chickens were for.
November 17th, 2023 at 5:43 AM ^
We have the greatest coach and players. I can no longer say we have the greatest university. A university that is willing to just let its innocent employee be treated this way is not great in any way. And as is noted, it is a constant trend. Either the alumni need to stand up and say this is not okay, or they are just as responsible.
November 17th, 2023 at 6:31 AM ^
You never had the greatest University. You had the most arrogant with fake morals University around but thing with arrogance is it’s usually defeated quite easily.
Also the athletic department has never ever ever been the greatest.
Michigan has always cheated especially in football. Goes all the way back to Bo. Those Cutless Supremes they all drove weren’t bought for by the players.
Quit being morale and arrogant especially you alumnus. You aren’t special. You don’t have a money cannon. You won’t go scorched earth on anyone. You want change at Michigan start there.
November 17th, 2023 at 6:47 AM ^
Your inability to spell basic words like moral (well, no surprise there) mitigates your attempts to be taken seriously.
signed,
an arrogant alumnus
November 17th, 2023 at 7:29 AM ^
Maybe he was out hunting morels?
November 17th, 2023 at 7:09 AM ^
1) This is a Michigan board and as such folks like me (one of those alums you refer to) and other fellow UM fans tend towards hyperbole as is custom on most fan sites
2) Your accusation about players during the Bo era is new to me, but is entirely possible as I have recognized that even great (note I used great and not greatest) departments can fail (Robert Anderson, etc)
3) Stop being a coward and use your real name if you are going to drop that stuff on a UM board. You won’t (of course) because I suspect your overall level of courage in that realm matches your command of the English language.
November 17th, 2023 at 7:15 AM ^
Yes, let it flow through you….
November 17th, 2023 at 7:34 AM ^
Showing your true colors after 11+ years. Quite the long con, very commendable. RCMB misses you, go be 'morale' there.
November 17th, 2023 at 8:00 AM ^
Agreed. S/he is at least better at this than some obvious OSU trollers here with very recent join dates.
There are more Buckeyes hiding in plain sight. At least one of them pretty clearly has complementary accounts that upvote each other.
November 17th, 2023 at 7:47 AM ^
Those Cutless Supremes they all drove weren’t bought for by the players.
To be fair, nobody wants to drive a Cut Supreme, especially if it is the brake line or something like that which has been cut.
Also, if you're going to alienate the alumnus / alumnae on this board, at least have the courtesy to proofread your diatribe first. We much prefer our public reprimands to be free of errors, if at all possible.
November 17th, 2023 at 8:11 AM ^
Had a ‘78 Cutlass Supreme, black w/lots of chrome, T-tops, raised white letter BF Goodrich mags, 350 4bbl. My first car. It was smokin’.
November 17th, 2023 at 8:23 AM ^
Mine was a 1970. Light green paint with a dark green vinyl top and interior. Bench seats, AM radio, and no shoulder belts. God I loved that car.
November 17th, 2023 at 8:50 AM ^
I had a gold ‘78 (bought from an uncle) and a dark green ‘76 (grandma’s old car) . I have fond memories of both. They were both assembled in Lansing.
Michigan players driving Oldsmobiles sounds suspect to me. Then again I do remember my mom telling me stories of Bubba Smith’s Flint made Buick Riviera in the ‘60s.
November 17th, 2023 at 8:17 AM ^
I can tell you with certainty that no player from 1980 to 1984 was driving a new cutlass.
November 17th, 2023 at 8:50 AM ^
Is a Cutless Supreme a premium horse that has no apparent injuries?
On an unrelated topic, when I was young my parents owned a series of Cutlass Supremes. They were cars built by GM, for those with long memories.
November 17th, 2023 at 9:50 AM ^
It's moral, not morale. Alumnus is singular (M), you wanted the word "alumni". Cutlass is the word you wanted, think Oldsmobiles.
We do have money cannons, but we frequently fire it at things more urgent like diseases to be eradicated.
Speaking for myself and several other alumni I know and have worked with? We *are* special, excepting (sadly) angry and bitter folks such as you.
November 17th, 2023 at 11:26 AM ^
Love your post here, but 50-1 odds that Cobra is not a UM alum.
November 17th, 2023 at 5:46 AM ^
No offense, but I’m sick of lawyers. Y’all worse than consultants.
November 17th, 2023 at 5:50 AM ^
i get that. but wait until you need one of us. your opinion might change. dramatically.
November 17th, 2023 at 7:35 AM ^
Everyone needs a lawyer to help them roll over and accept a plea deal even when innocent. Gotta love that American justice!
November 17th, 2023 at 7:40 AM ^
I know this wasn't your intent but it had me thinking of Eugene Levy as the car salesman in National Lampoon's Vacation selling the family truckster to Clark, "You think you hate it now? Wait til you drive it."
November 17th, 2023 at 8:11 AM ^
Farmer...lawyer - you should change your handle to Country Esquire.
November 17th, 2023 at 8:16 AM ^
Country bumpkin
November 17th, 2023 at 9:36 AM ^
I have worked with lawyers for 10+ years. I needed a personal one ~5 years ago.
Lawyers only care about their bank account (there is nothing wrong with that). They do not want to hurt their standing in the legal community, unless you can guarantee they get a ton of repeat revenue. They will do what's best for their careers and not what's best for their client.
November 17th, 2023 at 9:50 AM ^
i understand your cynicism. FWIW, i know many lawyers who absolutely do not operate that way and i do my best to be that way as well. you'd be surprised the business that i have purposefully talked myself out of, along the lines of, 'the juice isn't worth the squeeze. save your money'.
November 17th, 2023 at 11:15 PM ^
" ... know many lawyers who absolutely do not operate that way ..."
As do I. You being one of them.
November 17th, 2023 at 11:08 AM ^
Lawyers can be like nuclear weapons.
Nobody really wants to have nuclear weapons but they have them so your need them.
No offense XM just playing.
November 17th, 2023 at 5:51 AM ^
I know you're angry. But you can't possibly mean this. No one is worse than consultants.
November 17th, 2023 at 6:17 AM ^
If we're going to use the large paintbrush this morning, I'm going to add another category: Mediocre* MBAs in positions of influence. I'm thinking of the health care industry now and a certain class of MBAs in that environment. (I have a particular undergrad path in mind, but I'll be nice and not mention it.) Ones who couldn't understand the big picture if they stared at it for several minutes. They're bossing around people much smarter than them.
On the main topic, here's where I am at the moment: Let's say Michigan cheated (not completely certain) and did something "unprecedented" (certain, as in, I do not agree). Let's say this was necessary to beat the pod people from Ohio. Given their collective emotional response, I'd say it was all worth it!
* Picture someone with unimpressive undergraduate credentials and nothing in the work history that suggests greatness. Maybe a tryhard personality. Add an MBA from a school outside the top tiers. There are thousands of them out there and they tend to take care of each other. They wreak havoc daily.