Curt Flood

Curt Flood’s lawyer was unprepared

15 Comments

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.

The Red Sox’ DH search now includes Pedro Alvarez

NEW YORK, NY - AUGUST 27:  Pedro Alvarez #24 of the Baltimore Orioles walks back to the dugout after striking out with the bases loaded to end the top of the first inning on August 27, 2016 at Yankee Stadium in the Bronx borough of New York City. (Photo by Christopher Pasatieri/Getty Images)
Getty Images
1 Comment

The Red Sox have more or less withdrawn from the Edwin Encarnacion sweepstakes, with Evan Drellich of the Boston Herald noting that much of their reluctance hinges on the likelihood that they’d exceed the new $195 million luxury tax threshold by locking the DH into a lucrative deal. That doesn’t leave them without options, however, and FanRag Sports’ Jon Heyman reported that the club could be interested in 29-year-old corner infielder Pedro Alvarez, as well as fellow free agents Mike Napoli and Matt Holliday.

After playing just 10 games at DH from 2010 to 2015, Alvarez suited up as the Orioles’ primary designated hitter and part-time third baseman in 2016. His defense is sub-par, to say the least, but he batted .249/.322/.504 with 22 home runs for Baltimore in 2016.

According to Heyman, the Red Sox envision using Alvarez in much the same way the Orioles did. He’d have a place as the team’s DH with the occasional infield start, while Hanley Ramirez would keep his post at first base. Whether the Red Sox make offers to Napoli, Holliday or Alvarez, they’re expected to pursue a short-term deal in order to stay under budget.

Braves sign Jacob Lindgren to one-year deal

OAKLAND, CA - MAY 29:  Jacob Lindgren #64 of the New York Yankees watches Brett Lawrie #15 of the Oakland Athletics round the bases after he hit a home run in the eighth inning at O.co Coliseum on May 29, 2015 in Oakland, California.  (Photo by Ezra Shaw/Getty Images)
Getty Images
1 Comment

The Braves signed left-handed reliever Jacob Lindgren to a one-year deal, according to a team announcement on Sunday.

Lindgren, the Yankees’ top draft pick in 2014, was nicknamed “The Strikeout Factory” after blowing through four levels of New York’s farm system in 2014. He started the 2015 season in Triple-A Scranton/Wilkes-Barre and was called up for his major league debut only two months into the 2015 season. The 22-year-old lasted seven innings with the club before succumbing to bone chips in his elbow, and underwent bone spur surgery in June before trying his luck again during spring training in 2016.

In August, the Yankees shut Lindgren down for the remainder of the season so the lefty could undergo Tommy John surgery. With a projected return date of 2018, Lindgren was non-tendered by the Yankees on Friday.

While the Braves won’t get the benefit of Lindgren’s top prospect skill set in their bullpen anytime soon, he will remain under club control if they keep him on their 40-man roster beyond the 2017 season (per ESPN’s Keith Law).