Curt Flood’s lawyer was unprepared

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This comes from the “I never knew that” file.

Apparently Curt Flood’s attorney in front of the Supreme Court for his famous — and ultimately ill-fated — challenge of the reserve clause was woefully unprepared. That, via the New York Times, is the story that will be told in a documentary that will air tonight on HBO entitled “The Curious Case of Curt Flood.”

The lawyer was not just any lawyer, though. It was Arthur J. Goldberg, who was a justice on the freaking Supreme Court from 1962-1965, helping (for better or worse, depending on your point of view) take the court in a sharply more liberal direction than it had been in the past. Goldberg crafted decisions on the death penalty and privacy rights, among other things, which continue to help fuel fierce debate to this day.

Say what you want about the merits of those decisions, but you don’t make that kind of mark by half-assing things.  Goldberg had a very bad day representing Curt Flood in 1972, however, and as the story and the documentary explain, it was probably because he half-assed it:

He did not deliver pointed, persuasive arguments. He lost his place. He did not answer justices’ questions directly. He clumsily listed Flood’s season-by-season batting averages. He went past his allotted time. He repeated himself. He spoke as if he did not understand baseball, citing the several “Golden Gloves competitions” Flood won for his excellent work as a center fielder. Brad Snyder, the author of “A Well-Paid Slave,” about the Flood case, wrote that Justice William Brennan cringed at watching his friend’s struggles.

David Stebenne, Goldberg’s biographer, said Goldberg admitted that he had not prepared the way he should have, incorrectly assuming that the justices who had served with him would see the error of sticking by past decisions — and not wait any longer for Congress.

On the one hand, the effect of this may be overstated.  Most appellate judges and their clerks will tell you that, usually anyway, the judges’ minds are made up before the oral argument, based on reading and scrutinizing the legal briefs which have already been submitted.  Oral argument is used to test the preliminary decision that was made, suss out nuances which were unclear from the briefs and that kind of thing.  Sure, the arguments can change a judge’s mind, but if you’re going to strike out on one of the phases of the case, better to have a bad day at oral argument than to submit a bad brief.

That said, you should do neither. A lawyer can win a case if he or she is talented or relatively untalented. A lawyer can win a case if the law is mostly on their side or if they’re fighting an uphill battle. What a lawyer can rarely get away with, however, is being unprepared. It casts a pall on your entire case. It causes the judges to go back and look at that brief and wonder if it really was as good as they thought. It also freaks your client out, and that’s not good.

My guess: Goldberg’s awful, unprepared performance didn’t change the course of the Curt Flood case,* because the justices likely made up their minds beforehand.  But it sure as hell didn’t help.

 

*I don’t have HBO, so someone tell me tomorrow if the documentary comes to any strong conclusion about this.

Robinson Cano hit his 300th home run last night

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Last night Robinson Cano hit a solo homer in the ninth inning of the Mariners’ loss to the Texas Rangers. It was his 22nd on the season. Though it was insignificant to the outcome of that game, it was significant to Cano: it was his 300th career homer.

While we’ve become accustomed to not caring much about home run milestones south of, say, 500, 300 homers for Cano is a big deal, as he’s only the third second baseman to cross that threshold in baseball history. The other two: Jeff Kent, at 377, and Rogers Hornsby at 301.

Cano, who turns 35 next month, has a career line of .305/.354/.495 and 1,179 RBI, 512 doubles and 33 triples to go with those bombs. He’s in his 13th big league season and still has six more years left on his deal with the Mariners. He’s averaged 24 homers a year since coming to the Mariners. While he’ll obviously trail off at some point — and while great second baseman’s have this weird habit of just suddenly falling off a cliff — it’s highly likely that he’ll finish his career as the all-time home run leader among second baseman. If he remains healthy he should also get over 3,000 hits in his career.

Cooperstown, here he comes.

Reds sign catcher Tucker Barnhart to a four-year deal

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Mark Sheldon of MLB.com reports that the Reds have signed catcher Tucker Barnhart to a four-year contract extension. The terms: $16 million total, with a $7.5 million club option for the 2022 season that has a $500,000 buyout. He also received a $1.75 million signing bonus.

The deal buys out all three of his arbitration years — he was going to be eligible for the first time this offseason — and the first year of his potential free agency. The club option buys a second. Barnhart made $575,000 this season.

Barnhart, 26, is finishing his second season as the Reds primary catcher. This year he’s hitting .272/.349/.399 with six homers and 42 RBI in 113 games. For his career he has a line of .257/.328/.366 in 330 major league games. His real value is defensive, however. He leads the National League in caught stealing percentage and number of base stealers caught (31-for-70, 44%) and leads all players at any position in the league in defensive WAR according to Baseball-Reference.com.