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Victoria Pynchon

I mediate and arbitrate complex commercial disputes, the former with ADR Services, Inc. in Century City and the latter with...

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ADR Services, Inc.

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She Negotiates

The 33 cent wage and income gap is unacceptable and unnecessary. So is the cliché glass ceiling. Bottom line, our...

Lawyers and Coaches and Patriots, Oh My!

See internet attorney Eric J. Sinrod's exhaustive legal analysis of the "rights, obligations and remedies" highlighted by the recent New England Patriot Video Spying Scandal here.

As Eric notes, I, at least have been "living on a desert island" since I was blissfully unaware of "the recent controversy involving the New England Patriots after a team official was caught videotaping opposing team defensive signals." 

Though Mr. Thrifty and I both routinely toss out the sports page, what interests us is the strictly legal question addressed by Eric, i.e., whether the fine levied on the Patriots is "just" or "correct" as a matter of law.  (leave it to the Wall Street Journal Law Blog to nail the most important question -- whether the fine is tax deductible, but I digress).  

The penalties?

The National Football League fined Coach Bill Belichick $500,000 while the Patriots were ordered to pay $250,000. The league also ruled that the Patriots must forfeit a first-round draft choice next year if the team reaches the playoffs (which is highly likely) or second- and third-round selections if it fails to make the playoffs.

This is where attorneys and the rest of the thinking world part company.  Ask any fifth-grader whether "peeking" at your opponent's game hand is cheating or not.  

So What Does the Law Have to Do with Justice or "Fairness?"  Not, unfortunately enough.  This is also where many attorneys lose touch with their clients, particularly their commercial clients who are operating largely based upon social rules and conventions rather than upon legalisms.

I have alot more to say about this, but not enough time to say it.  I'm therefore leaving you a couple of links about thedifferences between law and justice and the reasons why we all too often talk past one another, particularly when attorneys and their clients lose touch.  See Why -- an Anatomy of Explanations here.  

More later.

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