Tom Brady shouldn’t ask for permission to appear in court by phone

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Happy birthday, Tom Brady. I have a present for you, on the day you turn 38.

I picked it out myself, during a search that spanned 18 years of practicing law. Based on those 18 years of practicing law, I can tell you one thing, in no uncertain terms.

Do not attempt to participate in the August 12 or August 19 settlement conferences with Judge Richard M. Berman by phone. Don’t do it. Don’t even ask for it. Get your ass to Manhattan, and make it clear to Judge Berman’s clerk that you’re happy to get your ass to Manhattan, whenever the judge wants your ass (and the rest of you) there.

Albert Breer of NFL Media reports that the parties may be able to participate in the mandatory August 12 settlement conference by phone, but that they’ll have to present a good reason for doing so. Breer separately explains that the NFL (and presumably Commissioner Roger Goodell) will be there in person. Breer also reports that the NFLPA “will follow Brady’s guidance.”

The fact that it’s the NFLPA following Brady’s guidance and not the other way around is troubling. Lawyers need their clients to buy in, completely. Clients need to be ready to do whatever the lawyers tell them to do, without hesitation.

In this case, the lawyers need to tell Brady to get his ass to Manhattan on August 12, and he needs to say, “Whatever you need, I’ll be there.”

When dealing with a federal judge, it’s important to always show a high degree of deference and respect. When dealing with a federal judge who already has made it clear that he’ll be taking control of the case and aggressively pushing it toward settlement, it becomes important to show even more deference and respect.

In this case, it means getting your ass to Manhattan on August 12, without reservation or equivocation or even exploring the possibility of phoning in. Intended or not, every word and action sends a message, and if the message is anything other than, “Whatever you need, I’ll be there,” it’s not a good message.

Does it mean Brady will lose the case if he doesn’t show up in person? No. But the mindset that has him thinking it would be a good idea to not get his ass to Manhattan could manifest itself in other ways that could end up making the judge frustrated with Brady.

At some point, Judge Berman could start to wonder whether Brady is demonstrating the sort of entitlement that helps explain why he refused to give his phone to Ted Wells, why Brady dismantled/destroyed/whatever his phone on the same day he was due to meet with Wells, and whether Brady decided he could get away with having Beavis and Butthead take the top off game balls in order to make them easier to grip.

Brady wants the judge to restore to Brady the ability to play in four regular-season games. To persuade the judge to give Brady what he wants, Brady needs to treat the judge like the Wizard of Oz.

93 responses to “Tom Brady shouldn’t ask for permission to appear in court by phone

  1. Judge better be careful.

    Pats fans may organize a 10 man march to Manhattan.

  2. If this appeal is that important to him, he will be there. He’s costing a lot of people a lot of money. If he can’t be bothered to be there, that probably says everything everyone is already thinking about Mr. Brady.

  3. Could not agree more. There is nothing going on at a Patriots practice that is more important. My sense is that Tom will be there.

  4. The Super Bowl MVP QB is in excellent hands. If Mr Kessler tells him to get to court – and I don’t see why he wouldn’t- then he will get to court. 🙂

  5. He could just spend the night before at his million-dollar Manhattan apartment with his hundred-millionaire breadwinner supermodel wife. He would wake up nice and refreshed, have his driver bring him to court and greet Judge Berman with an ear-to-ear grin. That’s what I’d do. As Brady said in his January press conference: “This isn’t ISIS, I’ll be OK.”

  6. If Mr. Brady “had” been a willing participant before, he more than likely would have received a reduced sentence and this overall story would be slowly fading into the 2015-16 sunset

  7. Pats fan and Brady lover…just about every article here about TB lately has been from the perspective of a NE fan. Now we have to read free legal advice to help him get out of trouble as if it was an “article”.

    Meanwhile the rest of the world is smiling or shaking their head when the subject comes to mind.

  8. Let’s hope his lawyers already understand this, and if not, that they have prudently bookmarked PFT.

    I’ve supported him the whole way, but if he doesn’t go, he can sit until Week 6.

  9. By all means, please appear in court by phone, Tom.

    //You’re really, really really, special person and you are above this league and it’s silly rules.

  10. 38 years old. I don’t care what kind of shape he is in. One big hit and he’s gonna be sitting out 4 more games. You can’t cheat Father Time pilgram!

  11. Don’t worry, he will be there.

    The best quarterback in the history of the NFL doesn’t need training camp anyway.

    Do you know who really needs training camp? Roger Goodell, that’s who.

    A training camp for how to become a legitimate NFL Commissioner.

  12. If the judge knows what’s good for him he’ll fly to TB’s house and discuss TB’s wants and needs without causing the great Brady too much trouble!

  13. Land the helicopter right on the street in front of the courthouse, preferably when the judge is trying to get in and park.

  14. I hate that this is true. Yes Tom, do not treat the judge like he is treating you. Do not think you are entitled, only the judge is.

  15. I love the guys who keep saying that the gazillionaire athlete with the 4 SB trophies and the supermodel wife is ‘arrogant”.

    Of course he’s arrogant, that’s how he became a gazillionaire athlete with 4 SB trophies and a supermodel wife.

  16. It’s Tom fricking Brady. Doesn’t this so called judge know that he should pay deference to the Pats QB. Rules do not apply to anyone in the Patriots organization.

    A Pats fan

  17. tlishus says:
    Aug 3, 2015 3:39 PM

    If Mr. Brady “had” been a willing participant before, he more than likely would have received a reduced sentence and this overall story would be slowly fading into the 2015-16 sunset

    ____________________________________

    I’m sure Tom is more concerned about clearing his name (since his innocence has been maintained publicly, privately, and scientifically) than he is getting this issue off everyone’s personal radar.

    Wouldn’t you, as well?

  18. Of course he’s arrogant, that’s how he became a gazillionaire athlete with 4 SB trophies and a supermodel wife.
    ————————————–

    ?

    No, he achieved what he’s achieved by working hard as a very late round draft pick and winning a few superbowls.

    Arrogance came AFTER all that…you don’t start off arrogant in the NFL as a fifth round draft-pick.

  19. It is unfair that the hearing on this frame job will take Tom Brady away from preseason practices and maybe even preseason games.

    That being said, it DOES seem wise to do whatever the judge wants.

  20. Not a Pats fan- but i do think Belicheck is hands down one of the best coaches all time and Brady is an awesome QB that I would love to have play for my team- having said that no way is he the GOAT. No way any QB in this Arena/Flag football era can be considered the GOAT. Can’t touch receivers/ can’t breath on the QB/ No hard tackling without penalties- it goes on and on. Today’s scrimmage is a long way away from the true games of just the last decade IMO

  21. I hate that this is true. Yes Tom, do not treat the judge like he is treating you. Do not think you are entitled, only the judge is.
    ————————-

    What? Like the judge is treating tom?

    A judge IS “entitled”….he is a judge…that is his title. He has to sit there and look at the scum of the earth all day and decide what punishment they should receive for whatever bad thing they did.

    Good people who haven’t done anything wrong rarely find themselves in front of a judge explaining themselves. The bad people of the world are the ones talking to judges more often than not.

    Entitled? Even the great Tom Brady is just another human being when sitting in front of a judge. Judges are Judges for a reason.

    I try to keep the bad people as far away as possible in my life, being a judge is just not for me at all.

  22. Signs that tell you if someone is lying to you

    1. Don’t show up in person so that they can’t read your body language

    2. Have an answer for everything: The Deflator is someone loosing weight

    3. Proclaims His Honesty Repeatedly

  23. Are they going to address Goodell despicable behavior?

    Roger Goodell and the Owners have violated their OWN code of Ethics

    A. Honesty and Fairness

    – Never make misrepresentations, dishonest statements, or statements that may mislead or misinform. If it appears that anything you have said or written has been misunderstood, correct it promptly.

    WHERE is the Investigation into the NFL itself promised by Goodell? Another lie – just like the one he made in US District Court after he REFUSED to give up his personal cellphone in the Mueller Report

    This mess is on the heads of the Owners – when will they clean up their Commissioner’s office?

  24. I love the guys who keep saying that the gazillionaire athlete with the 4 SB trophies and the supermodel wife is ‘arrogant”.

    Of course he’s arrogant, that’s how he became a gazillionaire athlete with 4 SB trophies and a supermodel wife.

    I’ll bet if an opponents QB acted that way you hang him out to dry without hesitation…..sounds very Patriotic….arrogance when I adore my teams QB is ok…….can’t finish its too stupid what you said.
    Brady will be there and the judge will quickly put him in his place faster than you can say Judge Judy.

  25. Brady SHOULD be there in person – but the precedent on the phone was set by Goodell

    Goodell REFUSED TO GIVE UP HIS OWN PERSONAL PHONE in the Mueller Investigation – in which a US District Court Judge later determined Goodell was LYING when he said he was unaware that Ray Rice had hit his wife

    But by the time the Hearing takes place there will be a LONG list of those like Skip Bayless (from his Twitter Feed) to those who can see right through Goodell:

    “More I hear, more I believe Goodell railroaded Tom Brady, framed him, used media to wrongly convict him in court of public opinion. Travesty”

  26. There is no need for Brady to show up to court in person. As an attorney specializing in these kinds of matters, I can tell you that he has no chance. It’s just a waste of time on his part.

  27. Yeah….Tom, just show up. The NFL may have completely hosed you on this whole thing, but the judge is supposedly neutral. Let’s keep it that way.

  28. I’ll make it easy for the judge. There has been so many leaks (pun absolutely intended) regarding deflategate, I (and everybody else) likely knows the same things he knows.

    Sometime before the game started, the footballs were within a PSI range as specified in the rule book, although probably at the lowest possible pressure. Nevertheless, still within rules. During the game, the temperature dropped considerably. When it gets colder, the PSI inside things like footballs, car tires, basketballs, etc., drops. It just happens. This is proven because the PSI of the Colts footballs also dropped.

    There is nothing to indicate Brady or anybody on the Patriots staff inflated or deflated footballs that was inconsistent to the rules. The NFL should apologize to the NFL, the Patriots, the fans, and especially Tom Brady, and HE should accept it and move on. Time to get ready for football.

  29. Don’t worry about it Brady…show him who’s the BOSS! YOU of ALL people don’t need to follow the rules of normal men! Isn’t that what this case is all about?!

  30. “I’m sorry your honor, someone is outside banging on the glass of the phone booth. I’ll have to call back from another location. But I need to get some more change first, so……”.

  31. “I’m sorry your honor. I really did mean to call in, but, as you know, I destroy all my phones every 4 months.”

  32. Judge Berman has indicated that he wants the matter resolved quickly. The format he has outlined gives Brady equal footing with Goodell. They both need to appear before his honor in his court.. This is a booster seat for Brady, whose appeal hearing positioned him as a supplicant pitted against the combined interlocking forces of the League Office and the Wells team, with Goodell supposedly being, or at least playing the role of, a neutral arbitrator.

    As Kessler noted in a comment, the neutrality gained by simply getting to court is more important than the exact location of the court.

    Florio is right as usual. This is Brady’s first opportunity to appear as something other than a fish wriggling on a baited officially-licensed NFL hook. He should take full advantage of it..

  33. I believe nothing in the Wells Report and am one who believes like many the NFL turned a molehill into a mountain , but you are 100% correct MF…
    Brady needs to show up in his sincere blue suit, white shirt and yellow tie ready to testify under oath once again….

    Anything else is a fool’s mistake

  34. So……is their any indication that Brady indicated that he will not be there?
    The latest NFL info stooge says Roger will be there, and then scolds Brady for hypothetically not being there.

    He gives a false impression, which, it turns out, is what the NFL is best at. In this instance it was more misleading than and actual lie, but where I come from, intent to deceive is a lie. Just add it to the list.

  35. Personally, I would have much preferred the REAL and ACTUAL Tom Brady to have chosen for himself his own course of action — rather than to be coached up by attorney to appear as something that he’s not.

    It’s much less manipulative and deceitful.

  36. The tone of this article suggests that Brady would rather avoid (hide?) from appearing before Judge Berman. Brady has better places to be, such as Foxboro and Virginia (the latter for joint practices with the Saints) in preparation for the 2016 season – you know, football.

    Lets not forget why we’re here. It was the beyond corrupt league office that:

    1.) Executed a botched sting operation based on “intelligence” provided by Ryan Grigson,
    2.) Leaked false information to the public so as to influence public opinion,
    3.) Hired “independent” Ted Wells and Exponent for a $5 million investigation resulting in a scientifically-debunked report rife with pre-determined conclusions,
    4.) Based on #s 1, 2 and 3, handed down the HARSHEST PENALTIES IN LEAGUE HISTORY,
    5.) Conducted a sham of an appeals hearing ultimately resulting in a 20 page ruling that redirected attention from the alleged initial offense (deflation of footballs so as to gain an unfair advantage) to “willful obstruction” of a joke of an investigation that Wells himself said that Brady fully cooperated with.

    While Brady will no doubt attend the settlement conferences in Manhattan in person, I’m sure he’d rather be on the practice field with his teammates. At least his priorities are in place.

  37. So if Brady loses the court case, will Pats fans then accuse the judge of being a Jets fan and part of the conspiracy?

  38. So Breer says Goodell will appear in person and then states that the parties CAN make their case via conference call. I didn’t read anything in this article stating Brady was doing a conference call. So what was the purpose of the article?

  39. Another NFL planted falsehood that Brady won’t be there. Even Mike F. has been taken in a bit. Brady will be there. I have been as vociferous as anyone in Brady’s defense. If he does not go, he gets what he deserves. But, he will go.

  40. I cannot believe Brady would even think about not showing up. Of course, he’s lied from the beginning, so maybe in front of a judge he might not be very good at doing that.
    If he doesn’t show, he should get a few more games, and be done with it. Only Patriot fans care what happens with the 4 games, everyone else will be happy with any suspension he gets.
    He’s an arrogant individual.

  41. Why haven’t we heard from the deflator or the other guy who were fired? They did nothing wrong so I’d like to hear about it?

  42. alphaq2 says: Aug 3, 2015 4:01 PM

    I guess Brady thinks you can’t commit perjury if your not actually there.

    * * * * *

    Luckily, nothing said during a settlement conference is admissible in this case.

    But, yeah, a high handedness by a party is probably duly noted.

  43. He will show up.

    Every player who ever played with him says he’s down to Earth and not full of himself. Confident? Yes. Demeaning to you? Never.

    Some undrafted rookie free agent approaches him for the first time and says “I’m Joe Schmoe, cornerback, from Springfield Community College”. Tom exchanges a firm handshake and introduces himself “Hi, I’m Tom Brady”.

    As if everyone wouldn’t know already! But… it’s the inherently classy way to act, and #12 is the epitome of class.

  44. Oh I’m gonna believe a tweet by Albert Smeer? Just another schill spreading lies and hearsay about the Pats. BTW, he’s already backpeddled.

  45. The Judge will recuse himself to be replaced by Walt “Tuck” Coleman. I wonder if they will have a replay hood in the Court Room, so they can discuss how they can collude on swinging this ruling in Brady’s favor – just like before.

  46. Tom is only continuing this charade so as to appease NE fans. They will believe anything he says, as long as it plays out to an conclusion. He doesn’t need to win – to win in the court of NE opinion.

  47. I think the ultimate silver lining to this whole ‘DeflateGate’ discussion is the reality that going forward, Brady won’t likely be enjoying the ‘special player’ protections he has been afforded by game Officials for far to long. He & the Patriots have been very disparaging of both the League & the NFLRA throughout this case, and as a result…will put him in a precarious position in the future. I hope officials going forward let the “game play” (Sacks actually = Sacks) determine the outcome of games, rather than those random, biased flags being thrown that have repeatedly resulting in the Patri-Cheats gaining arbitrary & undeserved 1st downs & better field position, just because Shady-B was on the field.

  48. hairpie2 says: Are they going to address Goodell despicable behavior? Roger Goodell and the Owners have violated their OWN code of Ethics
    A. Honesty and Fairness
    ===========================

    Read further and Goodell can and should be fired per his own Ethics standards

    D. Fraud: Each of us is expected to adhere to the highest ethical and professional standards in carrying out our responsibilities as NFL employees. As such, fraud and any related misconduct will not be tolerated in any form and will result in termination of employment and possible criminal and civil liability. Fraud is defined as any knowing misconception, or misrepresentation, of the truth or concealment of a material fact to induce another to act in his or her detriment or to deceive a party

    THAT’S EXACTLY what Goodell has been doing all along

  49. jamaltimore says:
    Aug 3, 2015 4:26 PM

    Why haven’t we heard from the deflator or the other guy who were fired? They did nothing wrong so I’d like to hear about it?

    Every time somebody claims that McNally or Jastremski was fired (and note that Pats’ fans actually know these guys’ names), we point out that nobody was fired and that they were suspended at the behest of the league. And if you care about them getting back to work, why not give Troy Vincent a call? He’s the one that they have to get to rescind the suspension.
    Of course, Vincent might not even know that. He’s yet to show any evidence that he’s kept up with the developments of this case.

    Of course, “keeping up with the details” correlates highly with “knowing that there isn’t proof of wrongdoing.”

  50. Dear Tom,

    Screw the judge and the NFL…You don’t need to be there…Trust me!

    Signed,

    Bob the Jets Fan

  51. Tom Brady is like the arrogant ex-husband who doesn’t show up in Court to discuss child custody, because he is in the Bahamas with his girlfriend.

    NE Patriot fans are like Tom’s kids wanting him to show up in Court.

  52. So who is this Albert Breer, and why do we think he has an accurate story and not something fed to him from the NFL front offices?

    I am a huge Tom Brady supporter in this fiasco, and I cannot tell you how far he would fall from grace if he did not show up in person to meet the judge… but I suspect Tom Brady knows his job is to show up.

    It seems to me Albert Breer is part and parcel of the ‘smear the Brady’ campaign being run out of the New York Jets front office.

  53. I agree 100%. If Tom phones it in, and ends up losing, he probably deserves it. Be there Tom. Without fail. Judges love to have their ass kissed. Pucker up, Rog is.

  54. Florio – Most of the time your reporting is really spot on. Part of that is that you are good at your job – another part is that you are one of the few that actually seem to read all of the info and then think about it rather than fly off the handle.

    However, this is a complete non-story. Nowhere does it say that Brady is even considering not showing up in person. All you have is a quote saying that in the end the NFLPA and lawyers will wind up having to defer to Brady’s decision. That is the way that it always is – no matter how good the lawyer, the client is free to make their own decisions and ignore advice. There is no evidence that this will happen.

    If you look at the story from a slightly different vantage point though you will see that attending the court proceedings for Goodell and the NFL will be easy as the court is a short limo ride from the offices.

    However for the NFLPA and Brady it is not as easy – the NFLPA will need to travel from Washington and Brady will need to do the same from Foxboro for the first meeting and then from the Greenbriar in WV for the second. On top of the logistics Brady will also wind up missing training camp time which is oh so valuable. This is all because Goodell took months to handle an issue that should have taken weeks.

    I would fully expect Brady to be at both conferences and would be disappointed otherwise. It seems like this judge is smart enough to realize that it is a far bigger inconvenience for Brady to attend than for Goodell and his cronies.

  55. So basically the NFL ignored the Judge’s order to tone down the rhetoric.

  56. As I said in a previous thread, Brady famously made it from the Kentucky Derby to the Mayweather fight in Vegas via private jet in the same evening. This is a guy who has shown the ability and means to arrange his schedule. Gonto court in person…..and win!

  57. Berman is a liberal Judge appointed by Clinton…=’s pro labor. When he vacates Brady’s 4 game suspension I can’t wait to read the posts of Loser Nation…LOL

  58. The GOAT will be there! What outstanding, squeeky clean, and rightful man would not want to be there? It’s a ‘can’t miss’ event to bring down the house that Roger built. If someone went the lengths that Roger has to mess with my livelihood, paint me as a fraud while my family is watching, and do it premeditatedly public, damn right I would be there.

  59. Brady’s thinking not only will I show up but I’ll have as much signed memorabilia as I can carry into court. And don’t forget to bring the coach give a character reference.

  60. jmethane says:
    Aug 3, 2015 3:47 PM

    Of course he’s arrogant, that’s how he became a gazillionaire athlete with 4 SB trophies and a supermodel wife.
    ————————————–

    ?

    No, he achieved what he’s achieved by working hard as a very late round draft pick and winning a few superbowls.

    Arrogance came AFTER all that…you don’t start off arrogant in the NFL as a fifth round draft-pick.
    ————————————————————
    Brady’s first practice as a 6th round pick he introduced himself to owner Robert Kraft and told him “I am the best decision this organization has ever made.” That is the very definition of arrogance, reflective of the incredible self-confidence and belief you have to have to succeed at the highest level.

  61. Perhaps Brady could pay a couple of Court clerks to mess up the filing docs so the judge is forced to delay the hearing. Or, maybe he could get his coach, Belicheat, to call the judge to offer a whole team signed jersey & football, as a gesture of friendship. Or, perhaps Kraft could continue his hardball tactics and convene a group of Kraft Foundation relient political bodies to put pressure on the Judge to “find the fair resolution”…as they would describe it. Normally, these would seem like an absurd storyline in a fictional B-rated movie. But in this case, they are realistic possibilities given this scheming entourage!!!

  62. As a good friend, Tom has told me numerous times that he visits this site at least 3-4 times a day looking for free advice from fans and lawyers.

  63. I have a great idea to end this fiasco……MAN up an accept the suspension like most other players do and move on with your life and career

  64. vermverm says:
    Aug 3, 2015 5:08 PM

    Mr. Brady was going to go to court…but he destroyed his car…like he does everytime he gets a new one.
    ———————————————————–
    Instant classic. (Wish I’d thought of it.)

  65. Hey, looks like framegate was a complete success no matter how court goes, massive distraction before the superbowl and still a distraction going into training camp. Say what you want about kensil but his plan worked out brilliantly!

  66. vermverm says:
    Aug 3, 2015 5:08 PM

    Mr. Brady was going to go to court…but he destroyed his car…like he does everytime he gets a new one.
    =======

    You mean like the one he demanded to attend a charity event?

    He crashed it also.

  67. If Brady is as innocent as he claims to be, why doesn`t he voluntarily submit to a polygraph test. Case closed!

  68. Give me a break. Of course Tom is going to be there, even though this is still all part of Narcissistic Goodell’s (NG) manipulation games. NG is making it known to the world. He is saying, “See, Brady is not so tough. Kessler is not so tough. I have them both kowtowing to my demands. I am a god. I am Roger Goodell. I am.”
    Well what Goodell is is he’s going down. And not a second too soon.

  69. Just so we are all on same page ..now that we all know that low PSI is a advantage, comparable to steroids, helps throw the ball better, helps prevent offense from fumbling yada, yada …all NFL teams will be using this going forward?

    If such a advantage it would be ludicrous for a team to ever even think about putting a ball above 12.5 PSI, right?

    Can you believe the disadvantage Aaron Rodgers has been putting the Packers at, 16 PSI? Colts put their balls in at 13! So dumb, don’t they know by putting to 12.5 there is so much more to gain in terms of competitive advantage? So, So dumb. Can not believe how ahead of the curve BB is.

    To the 31 other fan bases out there, you should thank Belichick and the Pats, they just made your team that much better with only the help of .05 to 1.0 per square inch of air pressure!

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