Feb 6, 2013, 11:32 AM EDT
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.
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