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Sunday, March 09, 2014
Postscript: The Ends Do Not Justify the Means in MLB's Current PED Investigation

I previously wrote that the ends do not justify the means in MLB's PED investigation, and that payments to witnesses for testimony are unethical.

Now, the New York State Bar Association has come out with Ethics Opinion 997 that reiterates that lawyers may not pay for witness testimony beyond reasonable time and expenses incurred by that witness (for some strange reason, purchasing physical evidence is now O.K. in New York).

So if it is true that MLB's lawyers participated in paying witnesses in the A-Rod case millions of dollars, and if the arbitrator allowed such testimony, what will happen to these lawyers and arbitrator?

We'll have to wait to see, but no matter how big or powerful, good trial lawyers know that if you have to pay for testimony, you don't have a case, and these ethics rules don't change, just because you want to bag a big bad fish.

Moreover, just like I predicted, this lawsuit was dropped by MLB once A-Rod capitulated, which proves that it was frivolous to begin with and designed solely to procure "evidence" that MLB otherwise could not have gained.

I'm sure that people feel as sorry for A-Rod as they do for Lance, but however good it feels to see these guys brought to justice so-to-speak, Justice is not done, when lawyers and arbitrators engage in illegal use of paid witness testimony, and everyone involved should be, at the very least, embarrassed, if not ashamed.


I know the MFB payed for physical evidence, but where is the allegation that they payed for witness testimony coming from? Are you talking about the agreement to indemnify Bosch?

Blogger D-League MVP -- 3/13/2014 6:38 PM  

D-League MVP--

The various reported allegations were that Bosch agreed to testify in exchange for $5MM, indemnification, defense, attorney's fees, security, etc. If that isn't payment for witness testimony, I don't know what is. However, one would still need to prove, in fact, that this occurred in order for sanctions to follow under New York's ethics rules.


Blogger Richard G. Johnson -- 3/15/2014 1:50 PM  

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