Chelsea lose control in Diego Costa situation as Costa’s lawyer goes public
By George Perry
Diego Costa has never had “charm offensive” in his repertoire, at least not at Chelsea. Now that his lawyer is front and centre, both sides should move to resolve the situation before it gets any more contentious.
Diego Costa hopes his lawyer, Ricardo Cardoso, can succeed where his agent, Jorge Mendes, has so far failed. Cardoso fingered Antonio Conte as the basis of a forthcoming transfer request, calling out Chelsea’s support for the manager as damaging Costa’s position at the club and the market.
Cardoso casts Antonio Conte’s new contract in light of the text message Conte sent Costa. By signing Conte to better terms, Chelsea signalled their approval of how Conte handled Diego Costa’s future at Stamford Bridge. Cardoso alleges that Conte’s “inadmissible and inexcusable” acts constitute “discriminatory behaviour [which makes] it impossible for Diego Costa to return to Chelsea while Antonio Conte is the coach.”
Ricardo Cardoso, lawyer that he is, clearly chose each word to reflect language in Diego Costa’s contract or the common law. But even in layman’s terms he is not wrong. The question is what can he do about it.
Must Read: Chelsea sitting on £45MM transfer profit for 2017 with few signings in sight
Antonio Conte may have intended his text merely to inform Costa of his intentions for next season so Costa could contact his agent and start the transfer process. Or he may have truly intended to banish Costa permanently from Chelsea. Regardless of intent, the latter has been the outcome.
Conte effectively set – likely changed – the club’s position towards Costa. The club chose not to repudiate Conte for his actions, at least not publicly. As Cardoso pointed out, the club publicly backed Conte after Conte publicly (again, in outcome if not intent) dismissed Costa. From Costa’s perspective, Cardoso is the first person to stand up for him in public.
Cardoso vowed “to use all possible legal mechanisms to hold Chelsea responsible for their behaviour.” The first step will be a transfer request, which will surely specify Atletico Madrid as the only acceptable destination. Cardoso will have to couch the request in an allegation that Chelsea breached the terms of Diego Costa’s contract, and that a transfer to Atletico is acceptable restitution to avoid further legal action.
Related Story: Chelsea tailoring Diego Costa's training to speed up sale
He will exploit any language in the contract about the club protecting the player’s reputation or transfer value to prove the damage Conte caused. Conte’s text lowered Diego Costa’s projected transfer fee. This caused a direct financial harm to Costa in terms of his portion of the transfer fee, and an indirect harm by reducing the likelihood of a sale to Atletico.
The contract may also include language along the lines of a “good faith effort” to include Costa in team activities, including training and games. This will show the pattern of breaches from the text message through preseason.
Cardoso could also allege that Conte and Chelsea conspired in their treatment of his client, with Conte’s new contract as evidence. He can frame the new contract as Chelsea approving of the situation Conte created. Chelsea’s subsequent actions hewed to Conte’s policy, without Diego Costa’s input or interests in mind. The conspiracy and exclusion would comprise the “discriminatory behaviour” Cardoso mentioned.
Alternatively, Ricardo Cardoso could be executing a massive bluff. He may have no case and no precedent for what he is proposing. He, Mendes and Costa may have developed this plan to wear down Chelsea with a new round of negative press.
Next: Chelsea's backup goalkeepers: Will there be Willy Caballero or Eduardo sightings in 2017/18?
Chelsea have not visited the Court of Arbitration for Sport in a while. Diego Costa seems an unlikely and unworthy hill to die on, even if Chelsea’s legal team believes they could prevail. They need to offload Costa. They have no reason – not even saving face, if there is any left to salvage – to fight about the process when the outcome is not in doubt.