Other former players have met with investigators without union lawyers.
Union lawyers said yesterday that they, too, would like a new agreement.
"We now know that was not correct," one union lawyer said.
The Mitchell people, however, said the union lawyer could be present only for questions they asked that related to his playing career.
A union lawyer sent a letter to the commissioner's office June 19 with a list of 50 questions.
The issues are not frivolous; they have been raised as well by people other than union lawyers.
This plan would eventually pay members roughly another $13,000 annually, a union lawyer said.
Baker would not be the first witness to appear as a former player with a union lawyer.
"I am not terribly optimistic," one union lawyer said before the meeting.
A few moments later, Smith emerged from an elevator with union lawyers at his side.