Toronto Injury Lawyer Blog
The biggest story in the NBA this summer hasn’t had anything to do with the really BIG Superstars like LeBron James, Steph Curry, Nichola Jokic, or Shai Gilgeous-Alexander.
The biggest story in the NBA might be the sale of the Lakers for a whopping $12.5 Billion Dollars under the pressure from a Federal Investigation into the former Lakers owner regarding the financing of his team along with other ventures.
But for me, the biggest story of the NBA season has to do with the alleged salary cap circumvention of the Clippers and their superstar player, Kawhi Leonard; and how on earth the Toronto Raptors got involved into this hot mess.
The Toronto Raptors could have watched this all play out on the sidelines.
But they didn’t.
Instead, they walked in eyes wide open into the biggest pre-litigation sports mess I’ve seen unfold in the NBA in years. Instead of having no skin the game; the Toronto Raptors never wanting to feel left out; joined the party and signed up for a ride nobody should want. The Raptors are actors in the real time events unfolding in this investigation, in the hopes of landing Kawhi Leonard without any encumbrances on his freedom to play.
Unfortunately, “real time” when it comes to a investigation conducted by a law firm plays out very slowly.
Personal injury lawyers are accustomed to these slow turnarounds. People who work outside of the legal field all seem to think that lawyers and the law works quickly. This could not be further from the truth. The wheels of justice turn slowly. Personal injury cases take years to settle, or to be tried in Court.
Here are some noted similarities I’ve seen in the process of the Kawhi Leonard/Clippers salary cap investigation and personal injury cases in Ontario.
1. Both Kawhi Leonard’s investigation and personal injury cases are SLOW. I’ve discussed this above. If the parties could snap their fingers and achieve a resolution, or have an answer they would. It’s simply not how investigations or the law works. Fact finding, investigations, interviews and the legal process take time. In fact, they all take A LOT of time. It’s not sexy or exciting. It’s slow and methodical. Far from the excitement you would see in a legal drama unfold on television. When news happens, it’s far from dramatic (unlike on television). In the real world, there is rarely that “a ha” gotcha moment. There is rarely that smoking gun of irrefutable evidence. Everything is nuanced. Everything is grey. For every point, there is a counter point. If the parties don’t agree on the points, it’s up to a Judge, or an Arbitrator to decide right from wrong.
2. Nobody wants this to go to Court (Arbitration) because once it goes to Court, the parties loose all control. You hear in the news that the parties are trying to “negotiate” a settlement, or to work out a penalty. When you were in school, were you able to negotiate a punishment with the principal or your teacher if you got in trouble? No! As a child, was there any negotiation with your parents about a punishment for acting out? No! So, why is it in the NBA that an alleged wrongdoer gets to negotiate their punishment? That’s because both parties want to control the process. A negotiated settlement is better than rolling the dice at trial (arbitration in this case). Once the case goes before a trier of fact (Judge or Arbitrator), the parties have now complete control of the timeline and punishment. They can no longer control the narrative for other owners, for the public, for sponsors, and for the fans. All of the parties want to control the narrative so that they can save face should something come out at the hearing which doesn’t look good for themselves or for the league as a whole. What happens if it comes out at the hearing that salary cap circumvention runs rampant all over the league, and this is just the first time that it’s come to light? How does the league handle that with the media and with fans? Does it not create another witch hunt and cause the fans to loose their trust with the league? What a bad look for the NBA. Personal injury cases are the same way. 99% of personal injury cases settle outside of Court. That way, the parties have certainty of the outcome. The parties know the result, and there is no appeal of a binding settlement. On the other hand, the parties can appeal a trial decision if they dispute the outcome. The appeal process adds additional time, uncertainty and costs to the process.
3. Only the parties and the lawyers really know what’s going on! In a personal injury case, often people around the Plaintiff or who are in the Plaintiff’s orbit seem to think they know the ins and outs of the Plaintiff’s case; and what’s best for the Plaintiff. Same as in the Kawhi Leonard investigation. Everyone seems to think they know what’s going on. One day, ESPN reports one thing; only the stand corrected by the NBA in a statement. In both instances, only the parties to the matter, and the lawyer know what’s happening and both are going to be tight lipped about the process and what’s happening behind the scenes. Litigation and this investigation are confidential and private matters. Once a matter is litigated, it becomes public. The NBA’s arbitration is private, but it would certainly be reported on in the news as what transpires at the arbitration would be widely be reported on. This is another reason why the parties are trying to work out a settlement behind the scenes. They could openly report a settlement on one thing; but keep other terms of the settlement confidential. This is another way that the parties can control the process and control the outcome. They can choose what to make public, and what to keep confidential. The same thing happens in personal injury law! Some releases contain confidentiality clauses; while others don’t.
