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Michael Huyghue

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NFL Labor Dispute: First Thing We Do Is Get Rid of All the Lawyers

Posted: 03/25/11 11:01 AM ET

It seems to me that the biggest hurdle the National Football League owners and players faced during their recent negotiations for a new collective bargaining agreement was a failure to establish a "meeting of the minds."

That's legal jargon for "we couldn't see eye-to-eye."

But over the past few decades, history has shown that the only time the NFL and its players reached a meeting of the minds was when they were able to find common ground. I thought the relationship established by NFL Players Association Executive Director Gene Upshaw and NFL Commissioner Paul Tagliabue (I worked for each of them previously) was built on trust and mutual respect.

Fast forward to 2011, and the NFL is being represented by Jeff Pash, a very able and consummate attorney. Representing the players is newcomer DeMaurice Smith, a respected, hard-nosed litigator. And therein lies the problem. While Commissioner Paul Tagliabue was an attorney by trade, he doffed his barrister modus operandi for that of a partial, but reasoned, advocate.

No such soul-levying is taking place in New York. Both Pash and Smith are staying true to form. They have approached the negotiations as most litigators do, with their arguments in one hand and a court filing in the other. Would any other outcome reasonably be expected?

Both sides are also being represented by a number of other individuals who do not have legal backgrounds -- but the decisions are clearly being driven primarily by the lead negotiators, who, in this case, are seasoned litigators.

I analogize the situation to an injured player who consults a surgeon for advice. Rehabilitation is always an option, but don't most surgeons, by definition, believe surgery is the best way to permanently repair damaged knees? Don't we train lawyers to use the legal system as the ultimate forum for dispute resolution? How could the parties have ended up anywhere other than a courtroom?

My recommendation, therefore -- being an attorney myself -- is to "kill all the lawyers." Having worked both as a general manager and as an agent in the past, my experience has been that third parties are sometimes necessary to break a logjam between agents and GMs. While working for the Jacksonville Jaguars, I found myself in a dead-end situation with star quarterback Mark Brunell's agents -- Leigh Steinberg and later Frank Bauer. In both cases, I voluntarily removed myself from the negotiations and got the player to speak directly to the owner. Neither party was a professional negotiator, but each had a vested interest in the outcome.

In the few times I used this strategy, I found it was much easier to get over an impasse and ultimately reach a meeting of the minds. Perhaps that might just be what is needed here. Perhaps if we give both Pash and Smith a brief respite from the rancor of these negotiations (indeed, both sides have now resorted to name calling), something positive might happen.

Why not let Jerry Richardson or Robert Kraft sit face-to-face with Drew Brees or Peyton Manning (after all, they lent their names to this litigation) to work out a resolution. Somehow, I think, as in the case with Brunell, we would get back to playing football in the NFL sooner rather than later.

But then again, if the work stoppage helps the UFL gain some much-needed momentum, maybe we ought to keep it our little secret.

After all, boys will be boys. Or, in this case, lawyers will be lawyers.

 
 
 
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HUFFPOST SUPER USER
William House
Louisiana Man
11:29 AM on 03/30/2011
I think if Drew Breese and Peyton Manning were sitting at the table with the owners this would all be over with. They probably have more common sense than the two lawyers have and would be able to talk on the same level with the owners. Whatever the sticking point is in the negoations isn't worth not having a 2011 season, I'm sure both side would agree on that. Split the difference and get on with football, if not I guess all the fans will spend more time with their familes going to the park and playing flag football and having dinner on the grounds while working on their tans.
10:03 AM on 03/30/2011
It's funny when you think about it. Some of the fans out there that screamed the loudest about the downtrodden players who are millionaires probably don't have a pot to you know what in.
08:46 AM on 03/30/2011
I love it. People always complaining about the cost of going to sporting events, taking sides - owners, players. If people would only get over their addiction to sports for a little while, everything would come down. Believe it or not, this is not like food and water, you can live without it. I find it amazing all the boobs that go to these events, spending a fortune on food and drink, while these athletes and owners get richer and richer. Pleeeeeeze, enough already.
HUFFPOST SUPER USER
William House
Louisiana Man
11:52 AM on 03/30/2011
I think you are right football is an addiction and a year without football would cause us to look elswhere to occupy or time. I couldn't afford to buy a ticket for bad seats and probably wouldn't even if I could. I like viewing the games from my recliner in my den where I can pause the game if I need to get up for any reason and watch the replay in slow motion as many times I need, to see if the right call was made. I had rather pay for Direct TV and watch any game I want and record others if I want and not spend $500.00 for tickets and food to sit in uncomfortable seats next to a drunk. I didn't mention having to fight the traffic going to and from the game. I'm happy that the owners provide the staidums for the games and that there are enough fans who want to be at the games, so I can sit at home and watch, for this I'm very thankful.
08:29 AM on 03/30/2011
These players and the owners should be the first to recognize that we need to back up - reduce prices at the door, get rid of absurd salaries and absurd profits. This would do more to help the recession than anything else. Do I expect this to happen - of course not - but we have gotten way beyond where we should be. Everything is out of hand, and someone needs to get it started. I know the last time this happened I enjoyed watching the fill-in teams more than the regulars. I expect one of the minor league teams will step up, and be more enjoyable..
10:15 AM on 03/30/2011
Reduce prices? Simple. Everyone boycott sporting events. What's so hard about that?
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HUFFPOST SUPER USER
John Wampler
NoJustice
08:15 AM on 03/30/2011
I say a year without footbal would be a good thing.
07:49 AM on 03/30/2011
the same can be said of every aspect of life in america... lawyers need to be kicked out theyre ruining our country! we can start by emptying the senate then congress then every other place they infect!!!
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HUFFPOST SUPER USER
Bruce Erickson
04:22 AM on 03/30/2011
All those folks talking about billions of our the fans money. As a FORMER football fan I say screw them all. To go to a football game now it costs over $100.00 and that is if you don't eat and are willing to sit in the WORST seats in the place. So bring on the pop Warner league and the ladies knitting competition where fans are treated like REAL people and are always welcomed. NOT LIKE THE NFL.
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HUFFPOST SUPER USER
Denizio1
04:07 AM on 03/30/2011
If it truly is a lockout, then the team owners should not be allowed to conduct the draft and if it does, then the draftees should not be allowed to negotiate with the teams until after a settlement is reached.
The owners can't have it both ways. If the season is cancelled the teams should still have to pay for the rental of the various stadia and make up for the loss of revenue to each city that has a franchise; and also pay the employees of said stadia for lost wages.
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HUFFPOST SUPER USER
becky bradshaw
"In a time of universal deceit, telling the truth
12:02 PM on 03/27/2011
Blaming the impasse on the lawyers is not appropriate in this circumstance. The disagreement is not complicated. One group wants to increase its profit at the expense of the other group.
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02:32 PM on 03/25/2011
Absurd !!!!!!!!!!!!!! Twenty year old football players negotiating a high level business deal with sixty year old businessmen !!!!

Lets turn it around and imagine the owners playing football against the NFL players ... how would that work out ?

Absurd !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
01:33 PM on 03/25/2011
The owners are spoiled rotten greedy individuals for the most part, and the players are overpaid entertainers.

Will not affect me either way if they strike... they have priced me out of supporting professional level sports a long time ago. There are much better things to do than watch football, like spending time with my family or enjoying nature.
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HUFFPOST SUPER USER
Denizio1
04:08 AM on 03/30/2011
Yeh, right.
This user has chosen to opt out of the Badges program
12:45 PM on 03/25/2011
Here is one of the most profitable legal businesses in the world, and people can't figure out ways to share the pie! These people deserve everything bad that they end up with.

The game was just as good, and many old enoug to remember might say better, when players were smaller, slimmer, and inflicted less head injuries on themselves and others. Yes, many players had their share of crippling injuries to limbs. But so many more survived into seniors who were not punch-drunk like old boxers.

There's be a tremendous lack of sense by both sides. Of course, much of it reflects the changes in our society. Football doesn't exist in isolation. And lives don't end after a career ends. Many former professionals had careers and places in their community that extended success in other endeavors. Today the players make so much money that their only concern after a career is to use their money to make more money.

Let's acknowledge the exceptions on both sides of this dispute. And also that these people are NOT calling the shots for either side. Hopefully, the public will weigh in with the reality that they are ultimately paying!
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William50
12:40 PM on 03/25/2011
How about ten million football devote-tees get on the net and demand a thirty five percent cut in tickets and all costs across the board. You, the Fan, get to pay for this very expensive entertainment. You the fan have the power to force, yes force both sides into real amounts that are now suitable for the economy of today. Not more for the players and owners, not more for the cities but a real cost of tickets and thus salaries and profits with America today.
Become what you are, the power house behind the game, not the players, not the owners but the fan. Demand a thirty percent cut across the board.
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MasterCat
The Universe is sentient.
07:17 AM on 03/30/2011
Excellent idea......far fetched but excellent. Never gonna happen. Personally, I think everything is projected on "expected" earnings, beyond the millions of $$ yet to be divided. The owners don't want the books opened because then everyone would know how illegal they are & could even face jail time, fines for anti trust & such. Over paid players? Perhaps, but when you stop & realize the short career a player truly is faced with, when the owners go on into their 90's making money, well.........the balance favors the owners. The owners that HIDE money, skew the books, monopolize the industry & basically charge body parts & first born's just to purchase one ticket. I guess it 's time we just enjoy college football this year. Seems tho the owners only goal here is to bust the union & keep all the profit. I suggest the owners learn to play the game, because they will be the only ones left. But then that means they must give up a fancy, overpriced owner's suite & get on the field of play. I could go for the likes of Jerry Jones getting tackled. THAT I would pay to see.
10:07 AM on 03/30/2011
You're right, players do have a short career. You know what, right? They could always take a job like the rest of us slobs out there and work till at least 62 or 65 and prayer to God they have enough money to live on.
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12:24 PM on 03/25/2011
I will not miss the NFL one whit....I'm tired of watching overpaid egomaniacs.
12:13 PM on 03/25/2011
Why be represented by lawyers?
 
because you would have to be a fool not be.
 
You think the players can have a "meeting of minds" with the owners?
 
Right, with their jobs being at the will of the owners. You would have to be crazy to put yourself in that position.
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HUFFPOST COMMUNITY MODERATOR
Frustrated in PA
I am not frustrated, I am NOW disgusted
01:06 PM on 03/25/2011
Nailed it! Spot on.
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Believein2012
redistribute your wealth here
01:56 PM on 03/25/2011
with their jobs being at the will of the owners
================================

Could you please explain?
05:07 PM on 03/25/2011
Players are cut every day of the season.

And NOT because of their performance on the field.