forums

Martell’s Attorney re: NCAA Waiver

TheOriginalCane said:
The interview goes beyond "idiot" and veers into "legal malpractice" territory.

Can you imagine Johnny Cochran telling the press that he is going to goad Christopher Darden into asking OJ to try on the gloves?
Click to expand...

It's almost like a storied federal prosecutor and former mayor of a big city constantly going on live television and implicating his client in major crimes.
 
Advertisement
cyrez8 said:
I'm an attorney. I know there are other attorneys on this board. But I cannot stop laughing at all these posters who are definitely not attorneys and still questioning the legal strategy of his attorney.

Conditioning is the strategy as another poster accurately pointed out.
Click to expand...


I'm an attorney. "Conditioning"? This moron attorney laid out his entire legal strategy AND made it look like a random crapshoot at the same time. Ridiculous.
 
ACE01 said:
other thing is Fields sister is going to play softball at UGA how can it not be safe for him to play there but ok for his sister to go there and play?
Click to expand...
His sister is her own person. She is not the star QB. At the end of the day, Fields has a tremendous case. I don't feel as confident about Tate. His lawyer better do his ******* homework and use Courtney Smith being his lead recruiter. It ****ed him up he beat his wife and ****. Damnit man, can one of you real lawyers on this site take over this from this ****head lawyer.

For the lawyers on this site, where is conditioning in the NCAA rulebook?
 
CashMoneyCane said:
Totally agreed. But at the same time... this isn't about the law. We're not talking a discrimination suit with actual legal bearing, we're talking about a claim against a private organization. The NCAA can do whatever it wants as long as they're not breaking the law in doing so.
Click to expand...

I didn’t mean put it in public domain in the Law and Order “can’t comment on an active investigation” schtick.

I meant if I’m on the ruling body that’s considering this case, I now have a subliminal bias against the arguments due to the atty speaking a truth that is best not spoken. This is generally the mindset of an attorney. But seeing how the sausage is made takes the lure away. Now the claims seem cheap and diluted.
 
UProspect said:
I didn’t mean put it in public domain in the Law and Order “can’t comment on an active investigation” schtick.

I meant if I’m on the ruling body that’s considering this case, I now have a subliminal bias against the arguments due to the atty for speaking a truth that is best not spoken. This is generally the mindset of an attorney. But seeing how the sausage is made takes the lure away. Now the claims seem cheap and diluted.
Click to expand...

Not what I was saying,and agreed on the bias. All I'm getting at is the governing rules are entirely different and based on someone agreeing with your argument as opposed to interpreting and applying the facts relative to the statutes.

But your point is valid. The comment in and of itself engenders bias in the decision makers. It was a very, very stupid thing to say.
 
I’m not too confident in Martell getting a waiver with any lawyer other than Tom Mars. Too bad Mars won’t repesent Martell.
 
MIATL said:
Players leave teams and finish the semester all the time. It’s not a foreign concept.
Click to expand...


Nobody said that they don't. At the same time, coaches expect to see players display a bit of toughness and resilience. Not to mention "trusting the system".

We know of ONE THING that happened to Fields, and his attorney has alluded to other instances. I'm sure his attorney will present a situation where Fields went through all the proper channels, trusted his alma mater to do the right thing, and was subsequently disappointed. It's just ridiculous for know-nothings on this board to act as if there is only one way to respond to an unusual situation.

As for Martell, if his attorney wasn't "throwing a bunch of **** against the wall", he could argue that Tate was patient and loyal as his initial position coaches left before he started, then his head coach got suspended, then he came back promising he would stay, then he "retired", and, hey, there might have even been deception by Meyer and Ohio Taint as to whether there was a pre-arranged agreement for Meyer to step down at the end of the year.

This is EXACTLY why attorneys do not lay out their entire legal strategy, so that nitwits can't argue about it and potentially impact public opinion in any direction.

Both players have decent arguments. But I have a lot more confidence in Fields' attorney than Martell's attorney.

Martell needs to fire his guy and hire Jason Setchen.
 
cyrez8 said:
I'm an attorney. I know there are other attorneys on this board. But I cannot stop laughing at all these posters who are definitely not attorneys and still questioning the legal strategy of his attorney.

Conditioning is the strategy as another poster accurately pointed out.
Click to expand...

Educate us. I’m curious.
 
TheOriginalCane said:
Typical know-it-all Canes1968 post. Of course, he's not the attorney, so he is clueless as to whether they will actually use the Zach Smith controversy. And the "slam dunk" assessment is not even shared by the attorney.

Man, we have some bad porsters on this site.
Click to expand...

Martell’s attorney clearly indicated there are unstated things they will be using. I believe this to be the Zach Smith issue, which is a slam dunk win if used correctly.
 
Advertisement
No better strategy than going to the public and ****ing off the NCAA before you ask that private association to exercise its discretion in granting your client a waiver. Brilliant stuff. Tells you all you need to know about this lawyer. He's either supremely stupid or, more likely, is in this for the publicity. I knew once the Ole Miss lawyer was successful that the cottage industry would quickly materialize.
 
Canes1968 said:
Martell’s attorney clearly indicated there are unstated things they will be using. I believe this to be the Zach Smith issue, which is a slam dunk win if used correctly.
Click to expand...


You "believe" this. But the reality is that you are stating things as if they are facts.

In actuality, you have no idea.
 
jthomps123 said:
"I'm an attorney"... Is it me or does that statement make everyone cringe?

No offense attorneys! :)
Click to expand...

Lawyers get a bad rap, by and large because of personal injury and criminal defense. And maybe corporate lawyers. I've worked with plenty and had a few friends go to good law schools. There's so many areas of law you can practice that no one makes much light of.

In my experience they're by and large good people trying to do the right thing, and there's massive guilt by association.

Also, when you need one, they're very very expensive.
 
Advertisement
Miami isn't worried in the least about this so I am not . Seems pretty cut and dry and literally every player these days in this situation are getting the waivers lately so both Fields and Martell will as well. If you transfer but there hasn't been a coaching turnover then you sit , if there has then you don't seems to be what it has turned into and I agree with this . Players go to schools for the coaches .
 
TheOriginalCane said:
You "believe" this. But the reality is that you are stating things as if they are facts.

In actuality, you have no idea.
Click to expand...

I'd agree that it's the angle they will be/should be pursuing, as it's an outlier and an emotional appeal. The extent to which that argument will be received, however, is dubious at best. The fact that idiot lawyer basically said "we'll take whatever works" and didn't come right out with "we really take objection to the way the institution handled reports of domestic violence" just gives further credence to the lawyer being incompetent.
 
canecat said:
Miami isn't worried in the least about this so I am not . Seems pretty cut and dry and literally every player these days in this situation are getting the waivers lately so both Fields and Martell will as well. If you transfer but there hasn't been a coaching turnover then you sit , if there has then you don't seems to be what it has turned into and I agree with this . Players go to schools for the coaches .
Click to expand...

I'll agree this seems to be the trend, but again, we're talking about the NCAA and Miami here. The rules do not apply to us the way they apply to everyone else.
 
Back
Top