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.

Giants nearing deal with Cameron Maybin

Cameron Maybin
Getty Images
Leave a comment

The Giants are finalizing a minor league deal for free agent outfielder Cameron Maybin, according to Andrew Baggarly and Ken Rosenthal of The Athletic. The team has not confirmed the signing, but it’s in keeping with their stated goal of adding more veteran presence and outfield options to their roster in advance of the 2019 season.

Maybin, 31, appeared in back-to-back gigs with the Marlins and Mariners in 2018. He slashed an underwhelming .249/.326/.336 with four home runs, 10 stolen bases (in 15 chances), a .662 OPS, and 0.5 fWAR through 384 plate appearances for the two clubs, a clear improvement over his totals in 2017 but still shy of the career numbers he posted with the Padres all the way back in 2011. It’s not only his offense that has tanked, but his speed and defense in center field, all of which he’ll try to improve as he jockeys for a roster spot in camp this month.

The Giants’ outfield has been largely depleted of any kind of consistent talent lately, especially taking into account the recent departures of Hunter Pence, Gregor Blanco, and Gorkys Hernández. Even with the acquisition of, say, All-Star right fielder Bryce Harper, there’s nothing standing in the way of Maybin and fellow veteran signee Gerardo Parra grabbing hold of full- or part-time roles this year, though they’ll need to outperform candidates like Chris Shaw, Steven Duggar, Drew Ferguson, Mac Williamson, Austin Slater, Craig Gentry, Mike Gerber, and others first.

In a previous report on Friday, Baggarly revealed that a “handshake understanding” had been established with several veteran players already this offseason, all but guaranteeing them regular starting opportunities over the course of the season. How those agreements will be affected by spring training performances remains to be seen, but at least for now, the Giants appear prepared to give their newest players a long leash as they try to get back on top in the NL West.