We Need Better Lawyers and a Set

[BigOrangeTrain]

Fulmer should never had another end.
Once was quite enough.

I will admit that I was excited when Fulmer was hired. I thought as an AD he would do good things for the football program. Turns out I was wrong. You are right, he should have never been hired.

 

[OrangeBeachVol]

Open court discovery for what? Pruitt can't just file a lawsuit and get discovery for information that doesn't pertain to the legality of his termination under his employment contract; that's not how discovery works.

His lawsuit, if there ever is one, is going to be on whether or not UT could fire him with cause under his contract, whether the language was legal and enforceable, not whether or not he cheated, or whether or not Fulmer knew of the cheating. Unless it comes back that none of the assistants actually were cheating, then he doesn't have much of a case given that the language in his contract is common to those at other schools, and those of previous head football coaches at UT.

I have to believe the UT lawyers dissected the terminate for cause provision of his contract and the situation he was charged with and determined they could legally fire him for cause. To your point, once in a court of law who knows what will be interpreted but since they told Pruitt's attorney to go pound sand on his extortion attempt I have to believe they think their case is rock solid.

 

[1 in 102 455]

Make that a year..... no suits filed, no wrath of God, no blackmail paid. Looks like UT lawyers have not been fully trained to use UT dollars to support Jimmy Sexton's quest.

Breach of contract in Tennessee is generally a 6 year statute of limitations.

And the lawyer thrashing gets old on here. They can’t do anything the client doesn’t want to. They can advise of risks, make recommendations, and that’s about it. It’s the client’s decision. Some clients are risk tolerant, some are risk adverse. That’s not on the lawyer. The same lawyer could have the exact same facts in two cases, and ultimately handle the cases two different ways based upon the client’s risk tolerance. That same lawyer is not “smarter” or “tougher” based upon either client’s decision.

 

[TNnative]

Tennessee finds new ways to screw things up.

Yeah, it is like a new major over there. But instead of students takig it, it is administrators. Who I bet use a hammer on a screw.

 

[onthehill71]

Breach of contract in Tennessee is generally a 6 year statute of limitations.

And the lawyer thrashing gets old on here. They can’t do anything the client doesn’t want to. They can advise of risks, make recommendations, and that’s about it. It’s the client’s decision. Some clients are risk tolerant, some are risk adverse. That’s not on the lawyer. The same lawyer could have the exact same facts in two cases, and ultimately handle the cases two different ways based upon the client’s risk tolerance. That same lawyer is not “smarter” or “tougher” based upon either client’s decision.

Never forget the "client" is Jimmy Sexton pushing for his share of the buyout and desperate to protect his quest to eliminate for cause discharges, no matter how incontrovertible the evidence against offending coaches. Interesting to watch the legal ballet.

 

[SayUWantAreVOLution]

I was hoping this was one of those "you need to file within a year or forget it" lawsuits. It's not, I'm told, and Cornbread has several years apparently to file a "breach of contract" lawsuit. Ugh.

 

[BeardedVol]

Never forget the "client" is Jimmy Sexton pushing for his share of the buyout and desperate to protect his quest to eliminate for cause discharges, no matter how incontrovertible the evidence against offending coaches. Interesting to watch the legal ballet.

Sexton works for Pruitt, not the other way around, and Lyons represents Pruitt, not Jimmy Sexton.

 

[onthehill71]

Sexton works for Pruitt, not the other way around, and Lyons represents Pruitt, not Jimmy Sexton.

I think you are missing the bigger picture. Sexton engaged Lyons on behalf of Pruitt , yes. However, Sexton represents 11 SEC coaches and 5 NFL coaches. He got this level of power and leverage by having a facade of absolute supremacy. Lyons was engaged to threaten UT with a scorched earth scenario thereby securing a big buyout check for himself and Pruitt. It also reinforced to his client base that a with cause discharge was a meaningless clause in a contract. It is repeatedly stated by media cynics and smug message board posters that institutions would fold their cards if the big donors felt threatened or the dark side of college athletics would be revealed.

If UT actually sticks to their legal rights and prevails, Sexton's aggressive posture will serve him well.

As the entire scene plays out, we may see a shift in the balance of power from agents back to the institutions. I believe Pruitt's case is just a piece in a much bigger puzzle.

 

[BeardedVol]

I think you are missing the bigger picture. Sexton engaged Lyons on behalf of Pruitt , yes. However, Sexton represents 11 SEC coaches and 5 NFL coaches. He got this level of power and leverage by having a facade of absolute supremacy. Lyons was engaged to threaten UT with a scorched earth scenario thereby securing a big buyout check for himself and Pruitt. It also reinforced to his client base that a with cause discharge was a meaningless clause in a contract. It is repeatedly stated by media cynics and smug message board posters that institutions would fold their cards if the big donors felt threatened or the dark side of college athletics would be revealed.

If UT actually sticks to their legal rights and prevails, Sexton's aggressive posture will serve him well.

As the entire scene plays out, we may see a shift in the balance of power from agents back to the institutions. I believe Pruitt's case is just a piece in a much bigger puzzle.

And if Sexton still represents Pruitt, then he gets paid his fees regardless, or he chooses to no longer represent Pruitt; he's his agent, not his handler.

There's nothing about Pruitt getting fired, that has any bearing on Jimmy Sexton's ability to negotiate on the behalf of his other clients, nor do Pruitt's actions, have any relation to Sexton in anyway.

Unless you've heard otherwise, I've not seen a single report of Jimmy's clientele jumping ship because Pruitt is a moron who got himself fired.

 

[chad954ut]

Havent paid off Cornbread yet though and hope they dont give him a dime

That money would buy a half of sand mountain and several hog farms

 

[VOL_Lyfe]

There's nothing about Pruitt getting fired, that has any bearing on Jimmy Sexton's ability to negotiate on the behalf of his other clients, nor do Pruitt's actions, have any relation to Sexton in anyway.

Unless you've heard otherwise, I've not seen a single report of Jimmy's clientele jumping ship because Pruitt is a moron who got himself fired.

Important takeaway

 

[DaddyChad]

I think you are missing the bigger picture. Sexton engaged Lyons on behalf of Pruitt , yes. However, Sexton represents 11 SEC coaches and 5 NFL coaches. He got this level of power and leverage by having a facade of absolute supremacy. Lyons was engaged to threaten UT with a scorched earth scenario thereby securing a big buyout check for himself and Pruitt. It also reinforced to his client base that a with cause discharge was a meaningless clause in a contract. It is repeatedly stated by media cynics and smug message board posters that institutions would fold their cards if the big donors felt threatened or the dark side of college athletics would be revealed.

If UT actually sticks to their legal rights and prevails, Sexton's aggressive posture will serve him well.

As the entire scene plays out, we may see a shift in the balance of power from agents back to the institutions. I believe Pruitt's case is just a piece in a much bigger puzzle.

Meh, idk about the power shifting. Look at the contracts handed out lately. These programs seem unable to help themselves from spending insane amounts of money and getting themselves into crap contracts; I would say it’s a better time than ever to be an agent or coach.

 

[onthehill71]

Meh, idk about the power shifting. Look at the contracts handed out lately. These programs seem unable to help themselves from spending insane amounts of money and getting themselves into crap contracts; I would say it’s a better time than ever to be an agent or coach.

Pruitt not getting paid to go away. For cause discharges actually having some teeth.... Both COULD embolden administrations in the future to actually initiate action reducing agents and coaches power.

 

[DaddyChad]

Pruitt not getting paid to go away. For cause discharges actually having some teeth.... Both COULD embolden administrations in the future to actually initiate action reducing agents and coaches power.

Pruitt was a unique situation. Contracts have gotten better not worse for coaches. Agents and coaches still have a great deal of power. That’s not changing.