Why FIFA's ISL File 'Release' Is Nonsense


All of this talk about the FIFA release of the ISL file is, nothing more or less, nonsense...

Why?

First, who decides what's in the file?  FIFA.  So the idea that FIFA decides what's put in the file means they get to censor it any way they want.

Second, they are then going to ship off the file for review to whoever they choose.  There's absolutely no independence there.

Third, by sending select documents they like to a party they like, only one thing is guaranteed:  the answer they want.

What is Discovery? 

How do lawyers play this game?  It's called Discovery.

What you do is you send a request for documents to the opposing side and they have to provide everything you ask for.  It's essentially a broad request for anything mentioning a particular topic.  So, for example, in this case I'd ask FIFA for any and all documents related to ISL.  What would happen?  FIFA's lawyers would have to pull the hard drives and files of employees and produce all records, emails and documents related to ISL in any way.  Thus, it wouldn't be FIFA who decides what documents they release, they would be obliged to release everything.  It would be for the opposing party to decide, of the thousands of documents, what is important.  Not FIFA.

FIFA have, somewhat successfully, switched this commonly accepted idea in the legal community around.  That's why this whole idea that FIFA is releasing the ISL files is so disingenuous. 

At present, the only guarantee is that FIFA will hear and find exactly what they want in December.