I read that article as saying that Humphrey, who works in enforcement, said (when she first notified parties over the phone that the NCAA had been involved with Perez) that the NCAA was going to claim attorney client privilege. In the same conversation she said basically said the NCAA got great info from working with Perez (obviously, that isn't going to mean anything) and that they would claim attorney client privilege with respect to dealings with Perez (this could also be outdated at this point). The whole call was enforcement flexing its muscles - just like they tried to do in paying Perez in the first place. At this point, I wouldn't attach any significance to anything Humphrey said during that call, unless Emmert comes out and says the same thing.
Based on the news he reported, I have no idea why the author felt he had to talk to a lawyer and ask about attorney client privilege. There is nothing to this story at this point.
Agree with that reading. This doesn't seem like anything new to me.
I don't think it is anything particularly new, but I do wonder how the NCAA is going to be able to claim an expectation of confidentiality in connection with any communications with Perez, given that she was representing and presumably reporting to Shapiro at the same time. The NCAA would find itself, at a minimum, with substantial egg on its face if it took the position that it shared interests with a person it is investigating and who has acknowledged that his motivation is to bring down the UM Athletic Program. That's walking right into the investigatory bias argument--never mind the issues regarding improper use of the bankruptcy proceedings.
Perez herself made comments immediately after Emmert revealed the relationship that suggested that she did not perceive there to be an attorney-client relationship. While that latter point means little, particularly given the questions that surround her ability to perceive much of anything in general, it just further suggests that there likely was little thought of attorney-client privilege and confidentiality in communications at the time of those communications. I'd expect that she revealed what the NCAA now would claim to be privileged information to Shapiro--and the NCAA likely would have expected her to do so or, at least, should have assumed that she would do so, absent contrary instruction.
Man, I'd love to see the conflict waivers on this one (and I doubt anyone wrote one up). What if she discovered something in her efforts on behalf of the NCAA that negatively impacted the investigation, Shapiro's credibility or Shapiro's legal position? Was she going to reveal it to Shapiro? To the NCAA? What a mess.
At bottom, this just seems like the NCAA is trying to keep Perez from continuing to yap to the media and others about the matter to avoid further embarrassment. But, it points up the nature of the problem the NCAA confronts.