Quote:
Originally Posted by Bobo Fett
Quote:
Originally Posted by treetop21
Correct me if I'm wrong here, but Mac the lawyer has arranged a settlement where the defendants have all probably lost money (especially including his fees) and also given Postle and Jason a signed statement for them to wave in all our faces saying they have done nothing wrong. The lawsuit so far has been nothing short of disastrous in my eyes.
I had been thinking something along those lines as well, at least for Justin. Don't think it gives Postle much.
I also feel the same way, for the most part.
People are focusing upon the wrong thing when criticizing Mac. The settlement amount, while low, isn't his fault. He actually did better than he'd have done had he won in litigation, as the settlement amount ($40k) was more than the rake paid ($30k), and the rake paid was the maximum he could recover.
I don't blame Mac for immaturity of California law.
However, it seems that he might have ignored the public implications of this settlement, as it is quite different from something like a settlement from a car accident.
This settlement was monetary, but it had non-monetary costs to the plaintiffs, which needed to be considered.
Among other things, the statement Stones/Kuraitis wanted read mostly like a full exoneration for them, and that's not good. It's not good for poker, and it's not good for the plaintiffs. 62 people signed their name to a statement they likely don't believe (that they're "satisfied" Kuraitis had no involvement and did nothing wrong), and this could lead to public shaming on social media and elsewhere.
For example, is anyone going to take Jeff Boski seriously again after he put his name on that BS statement to receive a whopping $400? Talk about selling out for peanuts.
There was also the factor of Stones/Kuraitis weaponizing the statement in order to taunt the victims and whistleblowers, which they most definitely have. This isn't a surprise at all. The plaintiffs should have been warned that this was a possibility before they signed their names to it and collected their $400. I definitely wouldn't have.
As their attorney, Mac is forced to present settlement offers to his clients (even crappy ones), and to arrange settlements to which both sides agree (again, even if he personally disagrees). I understand that, and I don't blame him for that part.
However, he also has the power to recommend that his clients NOT take the settlement, and I feel that's what he should have done here.
The non-monetary costs of accepting were just too high, in comparison to the very modest monetary gain for all parties.
I'm a little baffled why Mac didn't recommend against this. Perhaps the professionalism of Stones' attorneys caused him to believe that Stones/Kuraitis weren't going to weaponize the statement to troll people on Twitter. I doubt Mac cared about the $15k or so he was paid for this. That's likey peanuts to him, and he defiitely could have done without it.
In fact, had he advised his clients to reject the settlement for the above reasons, and they did so, he would have been seen as a hero, and I'm guessing a Shaun Deeb type would've stepped up and paid these people the same amount anyway.
Hindsight is 20/20, of course, but I really wish that Mac had advised his clients not to take the settlement, given what was likely to follow.
I say all of this as someone who likes him personally, and I've been impressed with most of his work otherwise. It's great to have an attorney who specializes in poker cases, so I don't agree with a lot of the trolling against him. I think he's a smart and ethical guy, and we should be glad to have him. I just wish this particular part of it went differently.