Attorneys for Texas Tech to Question Mike Leach in Coach’s Lawsuit Against School

Mike Leach has been scheduled to answer questions under oath (a deposition) on Friday, March 12, according to Court documents, in the football coach’s lawsuit against Texas Tech. Leach, who currently lives with his family in Key West, Florida, is to give a video deposition beginning Friday at the offices of his Lubbock attorney, Ted Liggett.

Liggett declined to comment on the case Monday, but said Texas Tech Chancellor Kent Hance will be deposed the day before Leach and that depositions will be taken from Adam James and Craig James on Saturday.

Tech fired Leach on Dec. 30, two days after suspending him amid allegations that he mistreated a player, Adam James, who had a concussion. James, the son of ESPN analyst and former NFL player Craig James, said his coach twice ordered him to stand for hours while confined in a dark place during practice.

Leach has denied he mistreated receiver James and has implied that an $800,000 bonus he was to have received Dec. 31 was the reason he was fired. His lawsuit includes allegations of libel and slander and breach of contract.

Depositions and Discovery

Discovery is a fact-finding process that takes place after a lawsuit has been filed and before the trial of the matter. Discovery allows the parties in the case to prepare for trial and many times cases are settled after the parties and their attorneys see the strength and weaknesses of their case. Discovery is based upon the belief that a free exchange of information is more likely to help uncover the truth regarding the facts in issue.

Discovery pleadings generally consist of the following:

Requests for Production of Documents: These are written requests served on the opposing party’s attorney requesting that documents relevant to the case be produced for inspection and copying.

Requests for Admission: These are requests from one party to another to admit facts that are not in dispute so that the evidence produced at trial will basically include matters that are in dispute.  Honest and complete responses can shorten the trial.

Depositions: These are statements of the parties or potential witnesses taken under oath by a court reporter.  Depositions are usually taken by a private court reporter (i.e., one not employed by a court) in the office of one of the lawyers.  Depositions are taken for several reasons which include:

• Basic evidence gathering;
• To have a record of the witness’s testimony so that the witness may be impeached if he/she deviates from that testimony at trial;
• Gives attorneys an opportunity to ask questions that they may not be allowed to ask at trial (the rules of evidence generally do not apply to depositions); and
• To have the testimony available as evidence in case the deponent is not available, for any lawful reason at the time of trial (this is especially important for a witness who is near death).

Courts are generally very liberal regarding what information is subject to discovery.  It must be generally relevant in some way although, technically, courts will allow the parties to ask for “anything that is reasonably calculated to lead to discoverable evidence.”

During a deposition a witness is placed under oath and swears to tell the truth. The parties involved in the case will be represented by an attorney and that attorney will have an opportunity to question the witness (referred to as a deponent for deposition purposes). Depositions can be either video or audio recorded. After the completion of the deposition the court reporter will create a written transcript of the deposition. The transcript will be made available to all parties.

Synopsis

Jerry Maguire (Tom Cruise) is a 35 year old sports agent working for Sports Management International (SMI). After suffering a near nervous breakdown as a result of stress and a guilty conscience, he writes a Mission Statement about perceived dishonesty in the sports management business and how he believes that it should be operated. He goes to a copy shop early the next morning and distributes copies of it to all of his fellow employees. It is entitled The Things We Think and Do Not Say: The Future of Our Business His co-workers are touched by his honesty and greet him with applause the next business day, but the company’s management orders Maguire fired for his actions.           

The management sends Bob Sugar (Jay Mohr), Maguire’s protégé, to fire Maguire. Jerry and Bob then proceed to call all of Jerry’s clients to try to convince them to not hire the services of the other. Jerry gets through to Arizona Cardinals wide receiver Rod Tidwell (Cuba Gooding, Jr.), one of his clients who is disgruntled by his contract that he believes to be far inferior than that of his teammates. Tidwell tests Jerry’s resolve through a very long telephone conversation, which culminates in the famous Show Me the Money! telephone yelling match between Rod and Jerry. Meanwhile, Bob Sugar secures most of Jerry’s previous clients as his own. Frank Cushman, a superstar football prospect expected to be drafted #1 in the NFL Draft, also ends up (temporarily) staying on with Jerry after he makes a visit to Cushman’s home. Leaving the office, Jerry announces he will start his own sports management agency and asks if anyone is willing to join him to which only 26-year-old single mother Dorothy Boyd (Renée Zellweger) agrees. Boyd had previously bumped into Maguire in the airport and told him personally how inspiring she found his “memo.”

Jerry travels to the NFL Draft with Cushman and convinces Tidwell to come along as well, to give him exposure to representatives of other NFL teams should he later become a free agent. Though Tidwell at first feels neglected compared to the superstar Cushman, Bob Sugar contacts Cushman’s dad while Jerry is in the lobby with Tidwell and re-signs Cushman to SMI. Jerry is devastated and turns to his fiancée Avery (Kelly Preston) for support, but she criticizes  him and he breaks up with her. He then turns to Dorothy, and becomes closer to her young son, Ray. Jerry eventually starts a relationship with Dorothy. However, without any commissions coming in to support their business, Dorothy thinks about moving to San Diego since she has a secure job offer there.

Jerry concentrates all his efforts on Tidwell, now his only client, who turns out to be a very difficult client to satisfy. Over the next several months, the two argue constantly with each other Rod claims that Jerry is not trying hard enough to get him a contract. Jerry claims that Rod is not proving himself to deserve the money for which he is asking. Eventually, Rod’s star starts to rise but the two invariably get into argument after argument. Jerry ends up later marrying Dorothy in order to provide her medical insurance and share expenses to help them both stay afloat financially and to keep her from moving to San Diego. He is emotionally and physically distant during the marriage, but is clearly committed to becoming a father to Ray. Although Dorothy is totally in love with him, she breaks up with him because she believes he does not love her, and married her out of fear of being alone and because he enjoyed playing father to her son.

Bob Sugar spots Rod just before the game and attempts to steal him. Rod turns him down. Rod and Jerry travel to the Cardinals game. The two soon reconcile. Rod plays well but appears to receive a serious injury when catching a touchdown. He recovers, however, and dances for the crowd, which cheers wildly for him. After the game, Jerry and Rod get renewed confidence for a lucrative new contract for Rod. After months of harsh words and criticism directed towards one another, the two embrace in front of other athletes and sports agents and show how their relationship has progressed from a strictly business one to a close personal one, which was one of the points Jerry made in his mission statement. Jerry then flies back home to seek out Dorothy and tell her that he loves her and wants her in his life (the famous “You complete me” and the “You had me at hello” scene). He also mentions that his business has really picked up.

Rod Tidwell later appears on a sports show for an interview. Without Ron’s knowledge, Jerry has secured him an $11.2 million contract with the Cardinals that will allow him to finish his pro football career in Arizona. The visibly emotional Tidwell proceeds to thank everyone who helped accomplish this success and extends the warmest thanks to Jerry for his help. Jerry, who is also on the set of the show, speaks with several other pro athletes, some of whom have read his earlier mission statement and express their positive opinion of it as well as respect for the work he had done with Tidwell. The film ends with Jerry, Dorothy and Ray walking in the park and stumbling across a Little League baseball game. When the ball lands near them, Ray picks it up and throws it back onto the field. A surprised Jerry then comments on his natural throwing ability, much to Dorothy’s dismay.

Biblical Principles from Jerry Maguire

Jerry was this guy who was on top of his game as a sports agent. He made things happen. He was paid handsomely for his efforts. But he got to the point where he hated himself for who he had become — a money-loving man who lacked integrity. What followed was an inspired, late-night manifesto that promptly got him fired. 

By sure tenacity and just enough grace, Jerry got one client to start his new sports agency. Completely broke and defeated, Maguire thinks himself a complete failure, even though Dorothy still believes in him. In reality, Jerry is very close to landing the big bucks. He just doesn’t know it yet. Isn’t that so often the case in real life? Just when we are about to completely give up, the answer is there right around the corner.

Humility is painful, but it sure does show us all what is truly important. In the film, we recognize that having a heart is essential to a successful life. It isn’t just about a job. It’s about living, loving, and being a decent, helpful, compassionate person whether you are raking in stacks of cash or barely able to rub two dimes together.

Money isn’t everything. So do not forget that as you take on a job. Don’t get so consumed with your own struggles and your financial difficulties that you forget to cherish those things that are closest to you — friends and family.

Ultimately, God is in control. He is sovereign. This is the attribute by which He rules His entire creation. It is the application of His other attributes of being all-knowing and all-powerful. It makes Him absolutely free to do what He knows to be best. God is in control of everything that happens.[1]

The Bible says that humility precedes honor.[2] And remember this: just like Jerry, we may at times be much closer to that breakthrough than we think.

Jesus said to his disciples, If any of you wants to be my follower, you must turn from your selfish ways, take up your cross, and follow me. If you try to hang on to your life, you will lose it. But if you give up your life for my sake, you will save it. And what do you benefit if you gain the whole world but lose your own soul? Is anything worth more than your soul? For the Son of Man will come with his angels in the glory of his Father and will judge all people according to their deeds. And I tell you the truth, some standing here right now will not die before they see the Son of Man coming in his Kingdom. Matthew 16: 24-28

Jesus said that in terms of following Him, that in order to find your life, you must lose your life.  In order for Jerry Maguire to live his dream and use his new found faith in his principles, he had to literally lose his previous shallow existence as a sports agent, (with all the trappings) in order to find his knew life as a person of meaning and depth. This is often the case when people come to Christ. Much of the old relationships and trappings of the past fall away and they embark on their new path in following Jesus to a meaningful and “purpose driven” life.

Rod (Cuba Gooding) could be said to represent Jesus as he kept his word and stuck by Jerry in times of adversity. Jesus is called The friend that sticks closer than a brother [3] and the brother born for adversity.[4] When Jerry’s life fell apart, Rod stuck by him through thick and thin, until they finally got their breakthrough. Jesus always sticks with you, even with times get rough. Jesus is called in the Old Testament the Lord of the Breakthrough.[5] During times of adversity, Jesus will stick with you and see you through to your breakthrough. Even if the world forsakes you, He never will.

Make sure that your character is free from the love of money, being content with what you have; for He Himself has said, ‘I WILL NEVER DESERT YOU, NOR WILL I EVER FORSAKE YOU.[6]

Jerry’s wife Dorothy could be said to represent the Holy Spirit as she represented the tenderness, compassion, and comfort of God. The Holy Spirit is called the Comforter [7]and the Helper.[8] Like the Holy Spirit, she was there for support and help and never stopped believing in Jerry and encouraging him even when he was having trouble believing in himself.

The other principle that comes to mind is the principle of perseverance. Jerry and his new friends and covenant partners – though tempted to quit when all hell broke loose and things seemed to be going from bad to worse – stick it out in faith till the end. Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up. Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up. Galatians 6:9. Ultimately, by not quitting, being loyal to each other, and developing closeness and compassion for one another over time, they eventually saw their dream fulfilled.

It has been said that the secret of Jerry McGuire is that it is really about two women, Marcee Tidwell (Regina King) and Dorothy Maguire (Renée Zellweger). Marcee Tidwell is a catalyst. At the critical moment when a contract is offered far below expectations, Rod turns to Jerry to see if he should accept what they both know is an insult. Marcee stops the show by counseling her strong, proud, gorgeous, baldheaded, black man that he is better than what has been offered. And she charts a course that culminates in the pivotal game that gets Rod’s team into the playoffs, crowns Rod as the game’s best wide receiver, and results in his $11 million guaranteed contract. Her plan involves great risks: Rod will play without a contract, showcase his talents, become a free agent and sign for less than he is worth. It is risky for her and Rod because of the possibility of injury and/or poor play without a contract. It is risky for Jerry because Rod is his only client. It is risky for Dorothy because she has bet her life on Jerry’s ability to live his dream, and it is Rod who gives life to that dream.

Dorothy has far more faith in Jerry’s plan than he, and demonstrates this by leaving a well-paid job at the sports agency from which Jerry was fired. She wants to help him build his own company, operated in accordance with his vision for a more humane approach to representing athletes. Without Dorothy, Jerry could not have survived. Jerry is smart enough to recognize his dependence on Dorothy and marries her, for the wrong reason. But Dorothy is a good wife, and very much like Marcee, she is also of critical importance to her husband. There are challenges to be overcome, but the movie ends with all well and both couples happy and $11 million richer.

In describing the qualities of a wife, Proverbs 31:12 says, Who can find a virtuous and capable wife?  She is more precious than rubies. Her husband can trust her, and she will greatly enrich his life. She brings him good, not harm, all the days of her life. Both Jerry Maguire and Rod Tidwell found good wives.

[2] Fear of the Lord teaches wisdom; humility precedes honor. Proverbs 15:33

[3] Proverbs 18:24 

[4] Proverbs 17:17

[5] 1 Chronicles 14:11  

[6] Hebrews 13:5

[7] John 16:7 

[8] JOHN 14:16-18