Am I the only one slightly concerned with the prospects of a lawsuit being filed by um? Wouldn't that enable the NCAA to begin noticing depositions of people that have otherwise not been forced to testify under oath? Not sure it would impact us negatively in terms of sanctions (don't practice in that area), but it seems like a way to force testimony that I'd rather not have to have exposed to the public. Just a thought.
This is another misconception of litigation--that you can get an answer to any questions you want to ask at a deposition. UM would frame the issues with their Complaint, and I'm pretty certain that those issues would focus solely on the NCAA's nefarious investigation. Accordingly, discovery in that case, including depositions, would have to focus on the issues on the table. The Rules of Civil Procedure forbid irrelevant questions at depositions, and deponents are not compelled to answer those irrelevant questions. We've instructed clients not to answer irrelevant deposition questions in the past and will continue to do that into the future. Hopefully, UM's attorneys would be sharp enough and on the ball enough to do the same.