Meanwhile, beat writers are demanding that Braun’s attorneys waive privilege

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I assumed this morning that we’d see baseball writers playing lawyer today.  I didn’t expect we’d see a baseball writer playing malpracticing lawyer, but here we are with Tom Haudricourt, speaking to WTMJ in Milwaukee this morning:

“Ryan Braun’s explanation was that this was money (reportedly $20,000 to $30,000) owed Tony Bosch for consulting for his appeal of his positive drug test that he had overturned last winter.  This should be easily provable by Braun’s attorneys … They should have correspondence with Bosch, hiring him as a consultant, paying him as a consultant.  They should have their own records, so this is a good time for them to come forward and back their client…They should back it up with their proof and be done with it.”

If Bosch was a consultant — and one of Braun’s attorneys did admit that he spoke with Bosch, even if he said Bosch’s help was “negligible” — the communications between them are protected by the attorney-client privilege and by the work product privilege.  It would be an ethical violation and a grounds for discipline by the state bar for Braun’s attorneys to release such information. It would also give Braun the right to sue his own attorneys.

I’m pretty sure Tom Haudricourt would never demand that one of his colleagues in the press reveal his source or his reporter’s notes simply because the subject matter suddenly becomes interesting. In light of that I’m rather surprised that he’d so cavalierly demand that an attorney abandon his legal and ethical obligations like this.

Or it’s quite possible that Haudricourt has no idea what he’s talking about and his demand here is made out of ignorance of the legal system as opposed to his disregard for it.

Imagine that. From a baseball writer.

Clayton Kershaw struggles with control, walks six Marlins

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Dodgers ace Clayton Kershaw entered Wednesday night’s start against the Marlins without having issued a walk in his previous three starts. In fact, his last walk came on April 3 when he issued a free pass to Paul Goldschmidt with the bases empty and two outs in the bottom of the first inning. All told, Kershaw was on a streak of 26 walk-less innings before he took the mound at home to take on the Marlins.

Kershaw started off Wednesday in character, striking out the side in the first inning. He issued a walk in a tough second inning, but escaped without allowing a run. Kershaw walked two more in the third and again danced out of danger. In the fourth, Kershaw walked Lewis Brinson to load the bases with no outs and — you guessed it — didn’t end up allowing a run. His errant control finally came back to bite him in the fifth when Kershaw issued back-to-back two-out walks, then served up a three-run home run to Miguel Rojas down the left field line. His night was done when he completed the inning. Five innings, three runs, five hits, six walks, seven strikeouts, 112 pitches.

The six walks Kershaw issued over five innings marked his first six-walk outing since April 7, 2010 when he issued six free passes to the Pirates in 4 2/3 innings. The only other time he walked as many was on August 3, 2009 against the Brewers in a four-plus inning outing. Kershaw hasn’t even walked five batters in an outing recently — the last time was September 23, 2012 against the Reds.