The big legal news in Nashville this morning is that the Tennessee Titans have filed a lawsuit against USC’s Lane Kiffin for poaching the Titans’ running backs coach, Kennedy Pola.
While it’s going to be a fun soap opera to watch, from a legal standpoint, I wonder if anyone talked to the Titans about divorcing their emotions from their legal rights.
This comes up all the time in collections matters, where the creditor client is emotionally charged up about a monetary loss and may want to file a lawsuit against a broke borrower as a matter of principle, but without regard to the likelihood of an efficient, successful outcome. Before any lawsuit is filed, the lawyer and client should have a frank discussion about the costs of getting to a judgment and, after that, the potential for successful recovery.
This isn’t to say that the Titans will not win in this lawsuit, but I predict that it’s going to be costly and time consuming to deal with. This is generally where I remind the collections client of the saying “Don’t throw good money after bad.” There’s no need to get into a fight if the fight itself isn’t worth the reward at the end.
Of course, I’m rooting for the Titans on this one.