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Their profession requires them to split hairs and find exceptions - that's just part of what lawyers do.
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Yet they also look at documents and explain why they would likely stand up in court - and why you might lose a case.
Donald Sterling is an attorney. Presumably he's being advised by sharp attorneys also.
So if this article is on target - and it seems to be - Sterling is getting some dreadful advice.
Just consider this list of bulleted points.
- By failing to pay the fine, Sterling makes the league’s case much easier. Under Article 13 Section C, failure to pay a fine is grounds for franchise termination in and of itself.
- Silver can simply take the fine out of the Clippers’ revenue, such as the national TV contract (payments on which the league disburses) or any other revenues since the league has taken effective control of the franchise.
- Sterling’s right to due process is much more limited by the NBA’s "justice system" than it would be with a public agency or in a courtroom because Sterling agreed to be bound by the procedures of the private association.
- The NBA Constitution, which Sterling agreed to, contains what is known as a covenant not to sue.
- The league’s decision is only reviewable by the court the way an arbitrator’s decision would be.