Pop Culture & the Law: the Luka trade

NBA Shocker: Dallas Mavericks Trade their Franchise Star

Conor and I love basketball, both as players and fans. In law school, we played pick-up basketball on Fridays. The Dallas Mavericks is (was?) our team. 

Most people assumed it was fake news that the Mavericks had traded their star player to the Lakers. In the days since the trade was announced, there’s been no information to make the trade make sense.

‍

‍

Born in Slovenia, Dončić moved to Spain at the age of 13 to play basketball for Real Madrid. He began his NBA career with the Dallas Mavericks in 2018 as a 19-year-old rookie. Dončić won Rookie of the Year and has been a perennial All-Star and MVP candidate. He’s known for his clutch shooting and fun-loving personality. Considered by many to be one of the top players in the NBA, fans were shocked when the trade was announced. 

The Mavericks traded their star for the Lakers’ Anthony Davis, himself a star but arguably not of the same level. Neither Dončić nor Davis was informed about the trade before it happened. The Mavericks coach didn’t know about it. The Lakers coach didn’t know about it. Lakers star Lebron James wasn’t told he was losing a teammate and good friend. 

When the players were asked about the trade, they praised their fellow basketball players and said they understood that the NBA is a business. 

The fans' reaction has been less diplomatic. Fans held a makeshift funeral for Dončić outside of the Dallas stadium. Dončić’s father said that his son didn’t deserve to be treated the way he was by a team he envisioned playing with his entire career.

‍

Lessons in Communication and Reputation

In a press conference after the trade was announced, Mavericks' GM Nico Harrison defended the trade as the best option to win a championship. "We really believe in it," Harrison said. "Time will tell if I'm right."

Harrison must have a different idea of right and wrong. Most people understand that winning is not everything. How you play the game is just as important. Harrison’s unilateral decision shows a lack of respect for the players and coaches. His failure to discuss the trade with interested parties prior to moving forward will likely do irreparable harm to his reputation. He was wrong and time won’t change that.  

Outside of the Dallas stadium there is a statue of retired star Dirk Nowitzki shooting his famous fade-away shot. Nowitzki played his entire career in Dallas. Underneath the statue are the words “loyalty never fades away.”

The irony is not lost on fans who are angry that loyalty was a one-way street. When asked if Dončić had indicated he wanted to leave Dallas, Harrison said no. In a letter to fans, Dončić said that Dallas felt like a home away from home.

In civil litigation, one could say that the goal is to win. But that goal does not trump proper communication or civility. There’s a saying in the law that you “can’t unring the bell.” The idea being that you can’t fix damaging information once it is out there.

In a since deleted post on social media, Dončić posted a photo of his missed call log.

‍

‍

The photo is a visual representation of how impossible it is to start a conversation after the fact. If a hard conversation needs to be had, you must communicate with the people involved before decisions are made. 

The notion that because the NBA is a “business,” the lack of communication and respect was justified is preposterous. Practicing law is a business and attorneys are held to professional responsibility standards. There are rules on communication and civility. These rules are considered floors not ceilings, setting the minimum expectation of professional behavior. 

A reason many professional organizations have rules of conduct is to address any perceived power imbalances. Some people may not be sympathetic to the plight of highly paid professional athletes. But the NBA has a long history of power imbalances between players and owners. Additionally, well-paid or not, the players are people. Their families have to move to new cities on incredibly short notice. Both Davis and Dončić were on planes to their new teams 24 hours after learning of the trade.

Mavericks GM Harrison seemed to misjudge the fan’s reaction to the trade, believing that winning will assuage any disappointment. The fan reaction has been nearly unanimous in their rejection of this idea. They were not fans of Dončić simply because of his talent. It was the person they rooted for, one fan saying he was cheering for the “hero’s journey.” The Mavericks have always had an underdog mentality and Dončić tapped into that as a kid from Slovenia who made it all the way to the NBA. Luka Magic was an inspiration for a generation of fans.

People matter just as much as winning.

Unfortunately for Mavericks fans, that’s a lesson Harrison hasn’t learned yet.

‍

Leslie Hulburt is a co-founder of Hulburt Law Firm. She is an experienced trial attorney who has litigated cases against major corporations, manufacturers and government entities. In addition to the law, she has worked at the washingtonpost.com and as a garden teacher for elementary school students. These experiences give her a unique perspective on the most compelling way to present a case. Leslie finds inspiration in countless places, including movies, tv shows, books and podcasts. Pop Culture & the Law explores the ways our favorite entertainment can offer wisdom in the practice of law.

‍