WSJ: A Chat w/Harbaugh's Lawyer - fascinating details

Submitted by NoVaWolverine on

Don't think this has been posted yet -- the Wall Street Journal has an interesting interview w/Jeff Klein of Weil Gotshal & Manges, who represented Harbaugh in the negotiations w/UM. He specializes in handling thorny matters for sports figures (the article offers the example of Joe Torre leaving the Yankees for the Dodgers.)

It'll be interesting to eventually hear all the details of how JH to Michigan came about, but based on this interview and what we heard yesterday, a few things are becoming clear:

  • Harbaugh's agent, David Dunn, was essentially out of the loop on this -- which makes it likely he was the one leaking the (incorrect) contract numbers and pushing the "Jim wants to stay in the NFL" stuff to NFL reporters
  • JH had decided a while ago that he wanted the Michigan job, and it was Klein's job (and his pal John Denniston's, apparently, as well) to handle all the negotiations w/UM so he could stay focused on finishing things out w/the 49ers' season.

Key excerpts:

To the matter at hand. How did you land Jim Harbaugh as a client?

The short answer: I have no idea. Often, you know how you land a client — who refers you. But not here. I was cold-called by an associate of his. I met that person and then met Jim.

I take it the representation began this fall?

It did. I don’t really want to be more specific than that.

Interpret "this fall" as you will. Sounds to me like JH got the ball rolling through Klein w/Michigan and Hackett a while ago, probably as soon as Hackett was named interim AD.

More:

The whole deal — from leaving the 49ers to joining Michigan — seemed to happen quickly and, at least from the outside, smoothly. What sorts of things did you have to accomplish to get the deal done?

I’m wary about saying too much and stepping into privileged and confidential material. But what I will say is that I focused, as I always try to, on three important touchstones: confidentiality, a strategic sequencing of events, and the client’s desire.

Jim was about to essentially become a free agent. Some free agents like a lot of publicity. But from my perspective, that’s putting ego ahead of outcome. There was no publicity here. I prefer to do my job below the radar screen and like to make deals in the boardroom and not the back pages [of the newspaper]. If you look at how Jim conducts himself, he’s the same way. So from that perspective, I think we were a good fit. In many ways, he was a dream client.

[...]

But it was important to get this done discreetly and with no publicity. Jim needed and wanted to stay focused on coaching the 49ers up through the final game [on Sunday]. If you watched how he coached that game and the way the team played for him up until the very last whistle and the very last play, you can tell where his mind was and where his dedication was. My job was to help him be able to keep that focus.

He left his last position in the manner he wanted to. He was the coach of the 49ers until the very end.

The backroom-detail story of how Jim came home to Michigan will make for a fascinating article/book someday....

 

 

 

 

PurpleStuff

December 31st, 2014 at 12:20 PM ^

Kawakami used his not coming in in 2011 as reason to assume he wouldn't be interested now (and the fact that he didn't leave the Niners immediately after making the NFC Championship game for a third year in a row to take the job at Texas or USC last year).  While I would assume Brandon's presence didn't help (and I'd love to blame him), the situation was a lot different then.  Guys like Martin and Luck and DeCastro still had two years of eligibility left at Stanford.  I don't see Jim as the kind of guy who would ditch those folks to take another college job in the middle of their careers.  Jim also hadn't experienced the NFL and I would assume that was a much more alluring challenge than it is now after 4 years in the league.

 

M-Dog

December 31st, 2014 at 11:34 AM ^

Over and over again all the tea leaves point to the fact that Jim wants to be here and has for some time.  

He is not here by default or because he could not find something better.  He arranged this.  This didn't just happen to him.

Wendyk5

December 31st, 2014 at 12:18 PM ^

It seems like a lot of things fell into place for him here. He's at a point in his life where he wants some stability, not the usual move every 4 or 5 years for a coach. He loves Michigan and the feeling is mutual. They just happened to be looking for a coach, and the situation is challenging - which he likes and needs. The money was right, the players were the right players (Hackett and Co.), and perhaps coaching in the NFL lacked soul for him. He seems like the kind of guy who has to satisfy his own needs not just to win but to have some meaning in the win. 

M-Dog

December 31st, 2014 at 12:49 PM ^

Think about this:  There is probably nobody alive who has been as significantly impacted by Michigan for a larger percentage of their lives than Jim Harbaugh.  It is imprinted in him.

We like to talk about how we saw our first game at 9 years old and have passionately followed the Wolverines ever since.  Imagine if you did not just see games since you were a boy, but were part of them.  

You grew up in Ann Arbor.  Your father was a coach.  You were a ball boy for the team.  You saw the epic Ohio State games from 10 feet away.  You went to high school and played QB across the street from the stadium.  You were the star QB for the University and learned at the feet of it's legendary coach.  This place is part of you.  It defines you.

It is still possible that Jim Harbaugh will one day return to the NFL.  But if he does, it will only be because he has fully accomplished his mission here and sees that the program is turned over to good hands.   

M-Dog

December 31st, 2014 at 12:18 PM ^

Yes, I think you can take him at his word when he said this was something he's wanted to do since childhood and he's honored and humbled to do it.

I think this was always on his mind and when he saw the door was open, he stepped in.

I would not surprise me if he initiated contact with Michgan about the job.  Would not surprise me at all.

Unsalted

December 31st, 2014 at 12:24 PM ^

That's the spin and tatic used by those who could not believe and understand why JH wanted to be at Michigan.

The more this whole coaching change process comes into the light, the happier I get. Gone are my fears and doubts planted by the shield zealots and our rivals.

Optimism Attache

December 31st, 2014 at 11:33 AM ^

Is it dumb for me to assume that usually it is the agent who does these type of negotiations? I don't understand why JH had to hire a separate firm for this process and why Dunn was so out of the loop. And why would Dunn leak stuff--that seems like a something that would get one fired.

JamieH

December 31st, 2014 at 11:38 AM ^

Lawyers can do anything an agent can do and they usually are less expensive as they don't take a large percentage of the contract.  However from what I understand agents are usually better at squeezing more money out of pepole.  Lawyers are usually better at just making sure that the legal terms of the contract are all proper.

If Harbaugh had wanted this to be a public bidding war he most likely would have used his agent.  He didn't.  He wasn't looking to run up his price or make this a tough negotiation. He knew what he wanted and wanted to get it done under the radar without a lot of publicity  With those paramters, it seems like this guy was the perfect selection. 

I'm sure his agent didn't like being cut out of the loop because that means he gets nada.  Oh well.. 

Michigasling

December 31st, 2014 at 12:49 PM ^

An agent is useful when you're looking for a job.  They do the legwork and negotiations and then take their 10% (or whatever the current rate is) of the income from that job.  If you want a specific job and know the job wants you, a lawyer takes care of the actual negotiations (after the input from the client) and charges his hourly rate for time spent.  And then gets the perks of watching Ann Arbor celebrate and maybe taking in a sandwich at Zingerman's.

[More boost to the A2 economy.  That and the world-wide shout-out to Moe's.]

BlueInClearwater

December 31st, 2014 at 12:42 PM ^

and don't understand. 10% (for example) is 10%, regardless if it's an NFL or college contract. Is it below him to represent Jim Harbaugh because he's coaching in college now? Or is there some sort of certification process he would have to go through that he doesn't feel like doing to represent a college coach? Seems to me it would have to be the latter because money is money, but I could be wrong and Dunn could just be full of himself.

LSAClassOf2000

December 31st, 2014 at 12:17 PM ^

This was a nice interview and thanks for sharing. Like someone said, the backdoor story of how all this went down will definitely make for fascinating reading one day. 

I had to chuckle at his answer regarding atmosphere:

Honestly, you can’t describe it. It’s electric. My only concern about today is that I’m going to have some angry friends. I’m a life-long Jets fan — and the Jets are now looking for a coach!

I am sure that Adam Schefter and John Clayton would like to present some theories regarding this. They'll be straight over.

Glennsta

December 31st, 2014 at 12:20 PM ^

What, if anything, did Harbaugh's agent do here?  If JH has an attorney representing him in negotiations, then he doesn't need an agent.  And an attorney is going to charge an hourly fee for this type of case, not a percentage.

mgoblue0970

December 31st, 2014 at 1:10 PM ^

The agent does the contract (probably just the Michigan side) ... the lawyer does the complaince (probably making sure JH doesn't run afoul of the 49ers).

mgoblue0970

December 31st, 2014 at 1:12 PM ^

I take it the representation began this fall? It did. I don’t really want to be more specific than that.
Combined with Hackett's "handling" of Harbaugh yesterday (when did you accept the offer? Yesterday -- yesterday), this is quite telling that this has been in the works for a long time. Ohhhh, to be a fly on the wall.

KO Stradivarius

December 31st, 2014 at 1:13 PM ^

Wonder what would have occurred if either the 49'ers kept winning, if Hoke kept winning, etc.

  We may never know all of the details - Jim may not want it known that he was planning his exit from the NFL while both he and Hoke were coaching their teams, out of respect to his team and Brady.   

Sven_Da_M

December 31st, 2014 at 2:15 PM ^

... and nice write-up regarding it.

There are a few rather large assumptions as to when his lawyer was first retained and how much David Dunn was involved.

Attorney Klein said he started working in "the fall." Which is some time before December 21.  And it's probable that agent Dunn was involved in many things that Attorney Klein wouldn't even know about (or need to). 

Hackett really played the exclusive period Michigan had before the end of the NFL season well.

And as far as Harbaugh not wanting to have a "bidding war" because he was "coming home," that's as good a meme as any at this point.  The simple fact may be that the 49ers didn't want to have Harbaugh as their coach OR as ANY NFL coach in 2015. 

So there's a lot of correlation that's being treated as causation in this thread.

No one who knows is going to talk on the record for a very long time (if ever).  In the meantime, Harbaugh needs to rest a bit, regain his voice, and start to burn up the phone lines during the dead period. 

Michigan got their man, and it's really bigger news nationally than the two playoff games tomorrow.  Which is all sorts of Maize and Blue awesome.

Starting Friday, Harbaugh wlll be in full-on sprint mode until September 3, 2015.

 

 

 

Amaizing Blue

December 31st, 2014 at 2:15 PM ^

I don't care about timelines, who said what to who and when-none of it. We got our guy, it looks more and more like he really wanted us to get him, and that's all I need to know. Hope nobody digs around and finds something he doesn't want put out there just to have a scoop. Let the man coach and enjoy the mystery!