Patriots’ quarterback Tom Brady’s sentiments about the ordeal of “Deflategate”, a story and a litigation that needlessly lingered around for seven months, reflects Abraham Lincoln’s sentiments over 150 years ago. Brady’s statement, reported recently in TIME magazine, came after he won his appeal of the NFL’s decision to suspend him for four games for his alleged “general knowledge” about the team deflating footballs below the league’s range of inflation during a playoff game.

Brady’s accurate observation should not be lost on anyone, especially people contemplating initiating litigation or prolonging or escalating a dispute. Too often, litigation leads to a result that is frustrating at best and a lose-lose for all involved. Brady “won” the appeal, but not before months of stress, damage to his reputation and thousands of dollars spent on lawyers. The relationship between one of the league’s quality franchises, together with one of its marque players and the league’s commissioner and many team owners has been shattered; any trust most likely permanently broken. Thousands, maybe millions were needlessly spent on legal fees, and everyone’s reputation was tarnished. Too much time, energy, emotion and money was spent on something that within the smaller context of football and a league, should have been resolved with a $25,000 fine on the team, and in the larger context of things, doesn’t matter much at all.

As a successful trial lawyer, Lincoln advised young lawyers to “discourage litigation”, pointing out that “the nominal winner is the real loser’ in terms of money and time lost. How much better served everyone would have been with a respectfully and efficient negotiation process that really addressed the interests and needs of the parties involved in deflategate?

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