Is it Legal Malpractice If You Don’t Use the Concussion Defense in a Criminal Case?

When the story broke yesterday that Cayleb Jones, a junior wide receiver on the University of Texas football team, had been arrested for felony assault (http://www.burntorangenation.com/2013/3/12/4095736/texas-longhorns-wr-cayleb-jones-aggravated-assault-tennis-player) after slugging a Longhorn tennis player, who had made the mistake of talking to Jones’ ex-girlfriend, I couldn’t help but flash back to a Friday two and a half years ago.

Playing for Austin High School that night, Jones suffered a wicked concussion against Westlake High School, which caused him to miss several games that fall.

The timing of the assault charge against Jones was interesting because Hall of Fame football player Herschel Walker told USA TODAY 24 hours earlier the following:

“Everybody blames everything on concussions. The NFL has a problem. It has to determine the difference between (the effects of) concussions and depression. If players lose their money, or wife, or children because of what they’re doing, they’ll act different. But you can’t throw everything on concussions.”

True. But the fact of the matter is that many players will take this path. It’s human nature. So Hershel needs to get used to it.

One could argue that it borders on legal malpractice if Cayleb Jones’ attorney didn’t explore the defense. Much like a defenseless wide receiver extending himself for a football over the middle, the hit is there for the taking.

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