Tuesday, January 22, 2008

What should Roger do?

In a previous life I would have watched the unfolding Roger Clemens soap opera (meltdown?) with a certain amount of glee. After all, stories like this sell newspapers and are fun to write.

But in my current life I look at such situations differently and wonder aloud -- what would I have done if he were my client?

Many of the experts queried have agreed that you can't do much worse than Clemens has done in response to the Mitchell Report which said his trainer injected him with steroids. Most agree that Clemens, if not guilty of such behavior, should have issued a quick and forceful denial, sued the trainer -- Brian McNamee -- who accused him and then kept quiet until the courts took over. If asked for comment he would refuse to talk since the case was in litigation.

Instead, Clemens has taken what was a PR issue and turned it into a potential legal issue. He now runs the risk of perjuring himself. Plus he recorded a phone conversation with Brian McNamee without his knowledge.

But that's all hindsight. So I recently wondered what I would do if Roger Clemens called.

First, he needs to admit he needs help. What made him good on the pitcher's mound is hurting him now. He is determined (stubborn?) and doesn't seem to want to listen to others. That has to change immediately.

I'd tell him that if the report is true, come clean right now. It's not too late to make an admission and make it genuine. America is amazingly forgiving but the longer Clemens waits, the worse it gets. And then at some point it passes a point of no return. (Case in point -- Pete Rose. He finally admitted to gambling but it was years after the first accusation and it didn't come across as heartfelt.)

If the story is false then he needs to say nothing more until he testifies before Congress under oath. He then has to use that testimony as proof he's not lying. He also then needs to pursue his libel suit against McNamee with vigor and determination. A verdict in Clemens' favor will go a long way in convincing people he's not lying.

There will still be doubters but the longer he waits the more worse it will get.

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