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Lake’s Take

When the Vows Break: Tiger Woods and the Price of Silence

Rumors about the terms of Tiger Wood’s pending divorce settlement are running rampant – details about child custody, how property will be divided and how much of Tiger’s fortune will go to estranged wife, Elin Nordegren.

But one thing is certain in divorce court: It ain’t over ‘til it’s over.

What we do know is that while settlement negotiations continue, Tiger is stinking up the golf course. He had the worst performance of his career at the Bridgestone Invitational last weekend.

I have some keen insight into what he’s going through. I’m not just one of the top divorce attorneys in the country. I’m an avid golfer, too. And one of my dearest friends is Lance Ten Broeck, a former PGA touring pro who caddied for Swedish PGA pro Jesper Parnevick – the guy who introduced Tiger to Nordegren, who was working as the Parnevik’s nanny.

Over the years I have become good friends with the Parneviks, too. And I’ve met Nordegren a few times at their home. In fact, after the very public meltdown of Tiger and Nordegren’s marriage, the Parneviks referred Nordegren to me, and I was on the short list of attorneys she considered to represent her in the divorce.

As a settlement appears near, one thing that particularly caught my eye in the most recent report of what might be included in the agreement was Tiger’s request for a “lifetime” confidentiality clause.

First of all, why is Tiger asking for such a thing in the first place? Doesn’t almost everybody already know everything about the cheating scandal that landed him in sex rehab and off the PGA tour and in divorce court?

It makes me wonder if Elin might know if Tiger has other secrets, too.

Can she possibly have the inside scoop on whether his link to Canadian Doctor Tony Galea involved some less-than-legal substances? The mere mention of this potential long-term gag order is enough to get the rumor mills going on overdrive.

It’s true that confidentiality agreements are fairly common both in high-profile divorce cases and in cases involving paternity or sexual harassment – a married man might not want it to get out that he had a child with another woman, or as part of a settlement a harassed secretary might agree not to press charges or file a lawsuit.

Usually the amount of the settlement depends on the value of the information.

But how much is Nordegren’s silence worth?

In this case, Nordegren may be negotiating based on the amount she is likely to receive if the divorce case went to trial – or even amounts she is likely to receive if she sold what she knows to outside sources. In that case, $100 million is a small price for Tiger to pay to keep some information under wraps – especially compared to the $500 to $750 million he was possibly going to pay based on earlier settlement rumors.

The terms of a confidentiality agreement are also important to specify between the parties for purposes of enforcement: Is Nordegren merely banned from publishing a tell-all, sure-to-be New York Times bestseller on her experiences? Or is she also forbidden from discussing anything with her family or even a therapist?

I think it’s probably safe to assume that Tiger’s resources would allow him to figure out if any kind of breach had occurred. Nordegren may have a few arguments on her side: either the alleged breach occurred before the agreement was in place and merely took its time to get to the public eye, or she could try to show that a third party disclosed the forbidden information and she had nothing to do with it.

Until the divorce is finalized, though, no one is sure.

What’s more certain, however, is that it’s no surprise Tiger’s golf game is struggling. The stress of going through a divorce takes a toll on anyone who relies on concentration to make a living.

Trust me, I have taken a few investment bankers, CEO’s and physicians off of their professional A-game while I represented their spouses in their divorce cases. You wouldn’t want a cardiologist I’m up against doing heart surgery on you while I’m doing surgery on his bank account.

I may not be privy to any of the actual negotiations in Tiger’s divorce. But if the Parneviks can convince Nordegren to add me to her legal team, I can assure you this: I’m a better pick than Tiger for this year’s Ryder Cup Team.