Dapper or other Lawyers; thoughts on NCAA stuff

[Bigtip]

**** is oh so simple at this point.

the incestuous relationship with the lawyer/Shapiro is beyond comprehension in terms of unethical/possibly fraudulent behavior. everything related to the "investigation" is questionable at a minimum up to defamation/libel

in other words, we skate. no doubt in my mind now. olympic gold

 

[CaneSuger]

I'm confused here. A couple weeks ago, there were a lot of folks (AlexCane comes to mind) claiming that there was no Attorney Client privilege here because there was no Attorney Client relationship, and that that was the best fact going for the NCAA, because if there was an attorney client relationship then she would have been further conflicted w/r/t the bankruptcy case.

If the NCAA claims A-C privilege, it would seem to me they're acknowledging that relationship. In that case, they've put her out to dry on legal ethics issues. That can't be good for them. They might try to silence her, but they're threatening her also, and digging their own ditch in terms of their behavior.

Anyhow, that's what I thought I understood a week ago from the chatterers chattering around here.

It's a very defensive move. They are admitting one wrong (the attorney-client relationship) to cover up another wrong (whatever they discussed).

The balance of power has shifted so dramatically that it's hard to imagine a clean outcome for the NCAA.

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

 

[minus13]

Lawyers are the lowest forms of scum on the planet. Passing the bar means you are barred from telling the truth "just let the process unfold". These scummy focks have zero morals or ethics. Lie, lie, lie, deny, deny, deny... That's lawyerism 101. Produce nothing and rob, lie, cheat, and steal is how these parasites make their money.

The NCAA came and stated they had to have an investigation into their own inner workings due to fraudulent BS. Then they hired a "private investigative firm" to clean up the mess and low and behold nothing happened? GTFOOH! Lawyer scum is going to lawyer scum...

 

[Lifelongcane]

Lawyers are the lowest forms of scum on the planet. Passing the bar means you are barred from telling the truth "just let the process unfold". These scummy focks have zero morals or ethics. Lie, lie, lie, deny, deny, deny... That's lawyerism 101. Produce nothing and rob, lie, cheat, and steal is how these parasites make their money.

The NCAA came and stated they had to have an investigation into their own inner workings due to fraudulent BS. Then they hired a "private investigative firm" to clean up the mess and low and behold nothing happened? GTFOOH! Lawyer scum is going to lawyer scum...

QUOTE]

Are you an attorney?

 

[minus13]

Good stuff, Tex. You explained exactly what I was referencing in regard to the abuse of the bankruptcy proceedings by the corrupt NCAA and Pig ***** Perez being the real jackpot in this case. The conflict of interest thing is pretty minor compared to the fraud they perpetrated on the bankruptcy court and creditors.

I've been screaming this since day one of the Perez/NCAA scandal coming to light...

 

[minus13]

Lawyers are the lowest forms of scum on the planet. Passing the bar means you are barred from telling the truth "just let the process unfold". These scummy focks have zero morals or ethics. Lie, lie, lie, deny, deny, deny... That's lawyerism 101. Produce nothing and rob, lie, cheat, and steal is how these parasites make their money.

The NCAA came and stated they had to have an investigation into their own inner workings due to fraudulent BS. Then they hired a "private investigative firm" to clean up the mess and low and behold nothing happened? GTFOOH! Lawyer scum is going to lawyer scum...

QUOTE]

Are you an attorney?

Do you think such a venomous response would come from someone who wasn't?

 

[NoahZach]

I'm confused here. A couple weeks ago, there were a lot of folks (AlexCane comes to mind) claiming that there was no Attorney Client privilege here because there was no Attorney Client relationship, and that that was the best fact going for the NCAA, because if there was an attorney client relationship then she would have been further conflicted w/r/t the bankruptcy case.

If the NCAA claims A-C privilege, it would seem to me they're acknowledging that relationship. In that case, they've put her out to dry on legal ethics issues. That can't be good for them. They might try to silence her, but they're threatening her also, and digging their own ditch in terms of their behavior.

Anyhow, that's what I thought I understood a week ago from the chatterers chattering around here.

It's a very defensive move. They are admitting one wrong (the attorney-client relationship) to cover up another wrong (whatever they discussed).

The balance of power has shifted so dramatically that it's hard to imagine a clean outcome for the NCAA.

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

 

[The Franchise]

Good stuff, Tex. You explained exactly what I was referencing in regard to the abuse of the bankruptcy proceedings by the corrupt NCAA and Pig ***** Perez being the real jackpot in this case. The conflict of interest thing is pretty minor compared to the fraud they perpetrated on the bankruptcy court and creditors.

I've been screaming this since day one of the Perez/NCAA scandal coming to light...

Then you're as smart as I had a feeling you were.

 

[DMoney]

Not much is "real" in this whole NCAA enforcement process. It exists outside the law, and the NCAA has shown it will break its own rules. The only thing that's real is the public perception. And with perception at an all-time nadir, I just don't think the NCAA can risk certain embarrassing truths coming to light.

These college presidents are savvy and keenly aware of public perception. There is nothing that can come out now that will make Miami look bad. Yahoo emptied the barrel two years ago, and Miami has been transparent and ethical throughout the process (unlike the NCAA).

It will only get worse for the NCAA and they know it.

 

[Lifelongcane]

Lawyers are the lowest forms of scum on the planet. Passing the bar means you are barred from telling the truth "just let the process unfold". These scummy focks have zero morals or ethics. Lie, lie, lie, deny, deny, deny... That's lawyerism 101. Produce nothing and rob, lie, cheat, and steal is how these parasites make their money.

The NCAA came and stated they had to have an investigation into their own inner workings due to fraudulent BS. Then they hired a "private investigative firm" to clean up the mess and low and behold nothing happened? GTFOOH! Lawyer scum is going to lawyer scum...

...

Are you an attorney?

Do you think such a venomous response would come from someone who wasn't?

My point....that's why your response is moot.

 

[The Franchise]

I'm confused here. A couple weeks ago, there were a lot of folks (AlexCane comes to mind) claiming that there was no Attorney Client privilege here because there was no Attorney Client relationship, and that that was the best fact going for the NCAA, because if there was an attorney client relationship then she would have been further conflicted w/r/t the bankruptcy case.

If the NCAA claims A-C privilege, it would seem to me they're acknowledging that relationship. In that case, they've put her out to dry on legal ethics issues. That can't be good for them. They might try to silence her, but they're threatening her also, and digging their own ditch in terms of their behavior.

Anyhow, that's what I thought I understood a week ago from the chatterers chattering around here.

It's a very defensive move. They are admitting one wrong (the attorney-client relationship) to cover up another wrong (whatever they discussed).

The balance of power has shifted so dramatically that it's hard to imagine a clean outcome for the NCAA.

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

It's impossible for them to remove the taint and have anything left. We are aware of 2 major league errors--the extortion from the ufag bytch and the latest foible with Perez.

That's the two of which we are aware, which leads anyone to the conclusion that this was a dirty renegade "investigation" and that there were likely quite a few more egregious acts of which we are not aware. The 2 acts that we are aware of are analogous to the guy who drives drunk 100 times before he gets pulled over.

This entire investigation has been corrupted by the actions of these cowboys. How can we trust that the same filth who made the decisions to extort our former players and to perpetrate a fraud on the federal bankruptcy court did everything else by the book?

 

[texacane]

Again agreed, the NCAA is not looking real good to the public right now and it could get worse with a repeated public airing of its wrongdoings, PSU, UNC, USC, the UCLA "leak" by the boyfriend, etc., etc...and finally MEP and its complicity in the subtrefuge at a bankruptcy hearing designed to get money repaid to innocent victims of the fraud perpetrated by their star witness against the U.

And btw what ever happened to the investigations concerning: the oregon pay off, cam newton, sammy watkins parents' stay at the hotel, etc. etc, all crickets....But the NCAA has the time to mess up yet another investigation. this is a story that is bigger than Nevin and goes to the heart of the NCAA and its performance, this kind of story has legs.

In additional support for an agreed settlement, nobody - save shalala - was here when the subject activities happened (And a bunch of these activities (violations?) evidently require more proof, proof that has not been - and maybe can't ever be -acquired by the NCAA) Add to this that the involved student athletes are gone from the U, as are all the the coaches alleged to have been involved.

first as to a settlement with the U, but not withthe coaches, the NCAA can publicaly argue the university itself didn't get out of this without penalty, 2 bowl bans - actually, three post season season games, self-imposed scholorship restrictions and reduced redcruiting visits. its compliance staff and procedures beefed up, and its cooperation with the investigators has been a model for other schools (compare tressel and OSU.)

so the NCAA still has sacrificial lambs in the coaches who used to be here, those it can show were resonsible, and the NCAA can claim they are the real culprits, the U itself has been cooperative and has been punished (add here some minor additional agreed penalties) but the message, the NCAA can say, is: coaches can't change schools to avoid reponsibility for their actions.

and lastly, money. who has the resources and motivation and positioning to publically call out the NCAA for its behaviors; compare the U with the coaches.

the U has the money and reasons to publically call out the NCAA for ethically and hypocritically back-stabbing the U while we were self inposing penalties and opening our campus to their investigation.

Meanwhile Clint Hurtt went on to be recruiting coach of the year at Louisville, Haith is a top twenty type coach at Misouri, Stoutland (to the eagles with O's Chip Kelly, Pannuzio ? so what's the real message from the NCAA penalize the (cooperating) school for the actions of coaches who are yet untouched.

practically and poilitically, good reasons for an agreed settlement.


I'm not saying its gonna happen, but if the NCAA has brain one they will try to get the Miami end of this closed out by agreement, and then publically slap the responsible coaches to the cheers of all.<

Not much is "real" in this whole NCAA enforcement process. It exists outside the law, and the NCAA has shown it will break its own rules. The only thing that's real is the public perception. And with perception at an all-time nadir, I just don't think the NCAA can risk certain embarrassing truths coming to light.

These college presidents are savvy and keenly aware of public perception. There is nothing that can come out now that will make Miami look bad. Yahoo emptied the barrel two years ago, and Miami has been transparent and ethical throughout the process (unlike the NCAA).

It will only get worse for the NCAA and they know it.

 

[CandyCane]

Don't you get it the NCAA exists to self perpetuate their own employment. They care less about due process, employee Molly Richman should have been fired for her extortion letter.

 

[Ethnicsands]

All bureaucracies behave similarly.

 

[Jonnyblaze]

I'm confused here. A couple weeks ago, there were a lot of folks (AlexCane es to mind) claiming that there was no Attorney Client privilege here because there was no Attorney Client relationship, and that that was the best fact going for the NCAA, because if there was an attorney client relationship then she would have been further conflicted w/r/t the bankruptcy case.

If the NCAA claims A-C privilege, it would seem to me they're acknowledging that relationship. In that case, they've put her out to dry on legal ethics issues. That can't be good for them. They might try to silence her, but they're threatening her also, and digging their own ditch in terms of their behavior.

Anyhow, that's what I thought I understood a week ago from the chatterers chattering around here.

It's a very defensive move. They are admitting one wrong (the attorney-client relationship) to cover up another wrong (whatever they discussed).

The balance of power has shifted so dramatically that it's hard to imagine a clean outcome for the NCAA.

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

This. As ****ed up as they look right now the NCAA will not "settle" with Miami. That opens up a can of worms they can't open. The "investigation" will continue as normal, although I suspect it'll get fast-tracked. We'll get a NOA and go before the Infractions Committee, but it'll be a dog and pony show because they will have already negotiated privately with UM on mutually agreed upon "sanctions."

 

[CaneSuger]

I'm confused here. A couple weeks ago, there were a lot of folks (AlexCane comes to mind) claiming that there was no Attorney Client privilege here because there was no Attorney Client relationship, and that that was the best fact going for the NCAA, because if there was an attorney client relationship then she would have been further conflicted w/r/t the bankruptcy case.

If the NCAA claims A-C privilege, it would seem to me they're acknowledging that relationship. In that case, they've put her out to dry on legal ethics issues. That can't be good for them. They might try to silence her, but they're threatening her also, and digging their own ditch in terms of their behavior.

Anyhow, that's what I thought I understood a week ago from the chatterers chattering around here.

It's a very defensive move. They are admitting one wrong (the attorney-client relationship) to cover up another wrong (whatever they discussed).

The balance of power has shifted so dramatically that it's hard to imagine a clean outcome for the NCAA.

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

The tone coming out of the NCAA, except for Emmert, seems to be very arrogant. That's what concerns me. When someone is cornered, they can either do the smart thing, or they can try to dig their heels in and stick to their guns no matter what. Emmert seems like the kind of guy who would do the smart thing and settle, but I'm not sure the same can be said for the rest of the organization.

 

[Jedi Master Cane]

It's a very defensive move. They are admitting one wrong (the attorney-client relationship) to cover up another wrong (whatever they discussed).

The balance of power has shifted so dramatically that it's hard to imagine a clean outcome for the NCAA.

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

This. As ****ed up as they look right now the NCAA will not "settle" with Miami. That opens up a can of worms they can't open. The "investigation" will continue as normal, although I suspect it'll get fast-tracked. We'll get a NOA and go before the Infractions Committee, but it'll be a dog and pony show because they will have already negotiated privately with UM on mutually agreed upon "sanctions."

That it's right there...might as well lock up the thread.

I'd be absolutely shocked if this ends any other way. I'd be willing to bet this is exactly how this proceeds from this point. We'll get either something very minor (in addition to what we have already self imposed or we'll get time served) but the vehicle for delivering that news still has to go through the "process" as to not **** off the rest of college football anymore than they will already be ****ed off when the perception will be that we got off "light".

It's part of saving face and maintaining the appearance they still have power while privately appeasing the U and quietly admitting they have made mistakes.

 

[CaneSuger]

complete agreemet with you D$. the shift is dramatic and clearly dirties the NCAA, can't imagine a clean outcome for the NCAA, who is supposed to be conducting an inquiry into the ethics of the U's recruiting practices!

E-sands, as to the question of A-C privilege, as back ground, A-C priviliege has two components: one is evidentiary in nature (has to do with what kind of evidence can be used in legal and quasi-legal proceedings over the objection of the client), and the other component is an ethical limitation on what kind of disclosures can be made by a lawyer who has learned things from a client during legal representation of the client. communications intended to commit, or used to commit a crime or fraud may not be subject to the operation of the privilege ("Hey, because you're my lawyer, you can't tell the cops how we planned how to rob a bank, and hide the evidence." NAH!)

I also agree with you that if the NCAA presses MEP to not disclose its communications with her, because of A-C privilege, it most certainly strenghtens the argument that the NCAA was her client, and throws MEP under the bus for her actions before the bankruptcy court......Ironically the NCAA AT THE SAME TIME throws itself under the same bus as it was in knowing complicity with MEPS conduct in subverting those proceedings. Lawyers supposed to be smart. Jeesh.

Agreed settlement or stinky stinky.

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

This. As ****ed up as they look right now the NCAA will not "settle" with Miami. That opens up a can of worms they can't open. The "investigation" will continue as normal, although I suspect it'll get fast-tracked. We'll get a NOA and go before the Infractions Committee, but it'll be a dog and pony show because they will have already negotiated privately with UM on mutually agreed upon "sanctions."

That it's right there...might as well lock up the thread.

I'd be absolutely shocked if this ends any other way. I'd be willing to bet this is exactly how this proceeds from this point. We'll get either something very minor (in addition to what we have already self imposed or we'll get time served) but the vehicle for delivering that news still has to go through the "process" as to not **** off the rest of college football anymore than they will already be ****ed off when the perception will be that we got off "light".

It's part of saving face and maintaining the appearance they still have power while privately appeasing the U and quietly admitting they have made mistakes.

The problem with that theory is Emmert doesn't control the COI.

 

[Jedi Master Cane]

Disagree.

We're still talking about the NCAA. This is an association of every college in America. This is an extremely powerful institution, not to be underestimated, and not to be ****ed with.

We may think we have the upper hand right now, but temper that thought.

I'm hoping for a settlement, but I'm not ready to count my chickens before they hatch.

These ******** might still have the audacity to try to come after us, in spite of everything. Let's hope we can come to a mutually agreeable solution.

Agreed. There are differences between what the NCAA ought to do and what it might have to do.

There will be countervailing pressures on the NCAA. It may have no alternative but to follow through with the process in some way.

My hope is that, absent a settlement, the NCAA really gutted the NOA to pull out any risk of taint from the mess it created and what is left warrants nothing more than, at worst, penalties UM already has self-imposed.

But, by no means am I confident that we skate.

This. As ****ed up as they look right now the NCAA will not "settle" with Miami. That opens up a can of worms they can't open. The "investigation" will continue as normal, although I suspect it'll get fast-tracked. We'll get a NOA and go before the Infractions Committee, but it'll be a dog and pony show because they will have already negotiated privately with UM on mutually agreed upon "sanctions."

That it's right there...might as well lock up the thread.

I'd be absolutely shocked if this ends any other way. I'd be willing to bet this is exactly how this proceeds from this point. We'll get either something very minor (in addition to what we have already self imposed or we'll get time served) but the vehicle for delivering that news still has to go through the "process" as to not **** off the rest of college football anymore than they will already be ****ed off when the perception will be that we got off "light".

It's part of saving face and maintaining the appearance they still have power while privately appeasing the U and quietly admitting they have made mistakes.

The problem with that theory is Emmert doesn't control the COI.

Cause that would be the first time the NCAA didn't consistently apply it's own rules?

I'm betting this all happens hush hush behind closed doors. The NCAA doesn't want to open itself up to the FULL disclosure a lawsuit would bring and doesn't want to "settle" and set a bad precedent going forward.

 

[sabrose]

Lawyers are the lowest forms of scum on the planet. Passing the bar means you are barred from telling the truth "just let the process unfold". These scummy focks have zero morals or ethics. Lie, lie, lie, deny, deny, deny... That's lawyerism 101. Produce nothing and rob, lie, cheat, and steal is how these parasites make their money.

Thank you, do all Jews have horns or just the ones that haven't had the surgery to remove them.

Everybody always says stuff like this......and then the day comes when they need a lawyer.

My law partner and I get a kick out of dudes like this. Lawyers and the legal system are the most evil entities in the world until they need to make use of either to vindicate their rights.

Not all lawyers are amoral or corrupt but many are. It takes a strong moral core to prevent an occupation that may force you to obscure or color truth in favor of your client from doing the same in your own affairs.