Tiger's Reputation - R.I.P.

The "World Of" e-mails have been flying over the last couple of days about the "Tiger Affair". I have been given permission by Smooth (the man in charge unless Turtle decides that he wants to be in charge) to re-print excerpts from the e-mail flurry. Normally, the e-mail traffic is sarcastic and sardonic. The heartfelt depth of concern and legal analysis of these e-mails, however, is stunning. There is a sense of pathos and despair about our heroes and their human frailties and a yearning for the golf gods of yore like Jack Nicklaus, Arnold Palmer and Tom Kite!

Now for the legal disclaimer: the opinions expressed in the e-mails do not constitute legal advice and neither Tiger Woods nor anyone else should rely upon this advice for Tiger's specific fact situation or any similar fact situation. Each fact pattern is different and if you find yourself in a pickle like the "Tiger Affair" you should immediately contact your criminal attorney and your publicist or spin control expert, and most importantly your domestic relations attorney that prepared your pre-nuptial agreement. I am sure that any "World Of" participant would be happy to accept Tiger Woods as a client so long as he pays an appropriate retainer.

The following e-mails were written on December 1, 2009 before Tiger came clean about his "transgressions":

Smooth: I do think that Tiger is getting bad advice and is screwing this up. If he had an affair, then he needs to step up and deal with it. If the accident followed a big fight with Elin, he needs to say so. But for his accident, he might have been able to say that the Enquirer is the Enquirer, and let me have my "Privacy." But now, the media will not go away until Tiger speaks. [Editor's Note: Sometimes your best advice is the first thing that pops out of your mouth!]

The Mouth: I agree that he has gone with a difficult strategy, but am not ready to say he is screwing it up ... Now that the FHP is closing their case, the refusing to cooperate with the authorities and the this could lead to serious charges/Court scrutiny angles go out the window... When she [Rachel Uchitel] finally decides to "open up" and she almost assuredly will, he can then decide whether to "come clean" or to continue to play the well-being and privacy of his family card ... At least this way, he has not yet lied to the public about what happened and it is always the lying -- not the mistake that led to the lie -- that the public will not forgive. Way too early to grade the keep quiet strategy in my opinion. [Editor's Note: The Mouth is playing it close to the vest like a good litigation defense attorney.]

Cameo: The Mouth makes a good case -- some real bad facts that El Tigre is dealing with -- hard to imagine Tom Kite getting chased by his wife with a 2 iron. [Editor's Note: Another litigation defense attorney managing client expectations and deflecting with humor.]

The following e-mail was written on December 2, 2009 after one of his girlfriends went public but before Tiger's mea culpa:

Smooth: You know, I think you are right. His best move may be to try to stay quiet.

However, the media will not go away. And it may be getting worse. This morning, there were several articles about another affair Tiger had with a waitress from CA. [I need to shut off this Google news feed.] The reports talk of 300 sext messages and a voice mail where Tiger asks the woman to take her name off her voice mail because Tiger's wife might be calling her.

On the one hand, with more stories like this, it might be easier for Tiger to say "ignore those lies." On the other hand, if there is truth to one or more of the affair stories, his endorsement deals have to be at risk. [Editor's Note: How many hands does Smooth have? This is the legal analysis known as "waffling", practiced by all great lawyers.]

Will Nike, Gatorade, American Express and TAG Heuer all keep him under contract AND continue to pay him at the same rate (he made $100 mm in 2007)? Compare this situation to Kobe Bryant. While an affair and a rape are not the same thing, I think Kobe lost all of his $20 mm in endorsement deals after his indictment. Also, golf is not like basketball or football. There are not many Iverson-like characters in the game of golf (save our buddy BIG John). You are selling to an older, more conservative demographic. [Editor's Note: As a Georgetown graduate, I take umbrage at the Iverson slight!]

In response to Cameo's comment, I have to agree that El Kitee would never get himself in this situation. But, had he had the Lasik and removed those glasses when he was in his svelte prime, who knows . . .

The following e-mails were written on December 2, 2009 after Tiger's press release:

Arnie: He would've been better off coming clean quickly, but he not only doesn't have a good story to tell, the story isn't written yet. Don't you think he and Elin are in negotiations now? He can't say much until things have stabilized between them. [Editor's Note: See "Tiger Woods - The Fire Hydrant Cover Up!"]

If the string of infidelity is true, it obviously is sad for the family. It also is surprising to me that even someone as remarkably disciplined and controlled as Tiger evidently couldn't control that part of his life. I hope it doesn't hurt golf too much--he's been a very good ambassador for the game. It may be that if the full extent of the problem is infidelity--and not things like domestic abuse--he can come clean and be forgiven. It never seemed to hurt Jordan's popularity. Maybe Smooth's basketball v. golf distinction explains that, but I'm not sure. You wonder if this is going to lead to a closer look into "life on the tour." I'd be surprised if there aren't plenty of racy stories out there. Wasn't Arnie a big ladies' man? Sure hope Jack was clean. [Editor's Note: I hate it when "World Of" Arnie gets all sappy!]

Smooth: Both Arnie and Jack (like JFK in the same era) played around.

Finally, discipline is one thing; fidelity is another; and stupidity is yet a third. How did Tiger think that he could keep this stuff a secret? Voice mail? 300 sexts ...? [Editor's Note: Smooth -- The Bill O'Reilly of the "World Of".]