At first blush, the decision of Judge Richard M. Berman to make next Wednesday’s Settlement Conference Part Two not mandatory but optional for Commissioner Roger Goodell and quarterback Tom Brady suggested that the judge doesn’t believe the parties have a good shot at settling their differences. After further review, another thought occurred to me.
By making it voluntary, Judge Berman may be trying to determine whether Goodell or Brady view the situation as sufficiently important to make them choose to attend. During 18 years of practicing law, I always encouraged clients to show up for everything. Showing up shows the judge that you care about the case, and every little gesture like that can help when it’s time for the judge to dispense justice in cases that can go either way.
In this specific context, showing up shows the judge they’re serious about settling, because after Wednesday the judge may be thinking he’s the only one serious about getting the case resolved.
Bottom line? If I were representing either side in this case (and both sides perhaps should be thrilled that I don’t), I’d be urging the principals to choose to attend. There’s nothing to lose and plenty to gain by being there.