There r waiver issues when you are representing two clients in the same litigation however I don't think those would apply here.
Yeah, the issue there is more about conflict of interest or violation of the Florida bar's code of conduct than attorney client privilege. I can't remember the exact legal ethics rules, but Shapiro's interests seem pretty well in line with those of the NCAA--bringing down Miami, so the violation would be a more esoteric ethics violation.
The attorney client privilege issue revolves around what is considered privileged communication between Perez and the NCAA and therefore would not be discoverable in a suit brought by Miami. The great irony is that the NCAA praised Miami for their transparency while seeking to shield their own misdeeds.
On a side note, those bashing attorneys on this board (I am not an attorney) have a very narrow view of what most attorneys do, and will likely be very happy if attorneys get Miami out of this mess with the NCAA.
Since when can the NCAA's interests be described as "bringing down Miami?"
The NCAA's interests would be to objectively investigate the Miami case. Shapiro's interests would be to bring down Miami. That's a clear conflict.
You are correct. I don't think their interests align at all.
On top of that, you have the very real issue of Pig ***** Perez abusing process by using a bankruptcy proceeding to advance her own pecuniary interests (i.e. grubbing money from the NCAA). There's no way at all around the fact that what she did in that proceeding had nothing to do with the bankruptcy action, and that is a serious abuse of the system and of her power as an officer of the court solely for her own personal greed.
For the sake of brevity I skipped a few steps. Their interests (Shapiro and the NCAA) align in the sense that the NCAA was interested in investigating Miami and Shapiro wanted his story told.
I, perhaps wrongly, used the phrase "bring Miami down," although the fact that the NCAA used the subpoena power of an attorney representing a client in an marginally related proceeding is prima fascia evidence (to me at least) that the NCAA investigation was not objective (to CaneSugar's comment).
The only issue with regard to conflict of interest is whether either party would wave that conflict in the depositions taken, and I think the interests were aligned enough that, if they had not been caught, both would have waived conflict, thus leading to my conclusion that it would be a Florida bar ethics investigation only.
I really like your posts, Franchise, so I was a little surprised that, as a lawyer, you didn't see that line of reasoning.