For those of us fortunate enought to not be attorneys
by dulac89 (2018-12-11 10:34:27)

In reply to: Ropes & Gray's report re USAG (Nassar-focused)  posted by Bruno95


What does this all mean? Is there a statute of limitations on this? What would be the likely scenario where in the future Swarbrick would be deposed? My primary question is whether there is a point where it all fades away with time?


I don’t think his privilege assertions will work.
by Bruno95  (2018-12-11 10:42:48)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

The privilege protects communications, not identities. If the client states that a policy was developed with counsel, the lawyer cannot invoke the privilege to deny the fact of his involvement. If the client says a lawyer received/reviewed given reports, no privilege shields the lawyer from identifying himself as the person in question.

I don’t know about Baker Daniels’s or Swarbrick’s legal exposure, though I’d be surprised if the firm isn’t sued. I think the later attorney, Himsel, is in deep shit.


The privilege belongs to the client not the lawyer
by 1978Irish  (2018-12-11 14:37:06)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

The client is the association, not the former officers. If the new officers of the association waive the privilege then Jack has to answer.


There’s such a thing as at-issue waiver *
by captaineclectic  (2018-12-11 15:31:21)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post


yes, but what if Jack gets married to USAG?
by jt  (2018-12-11 21:04:37)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

would spousal privilege than apply?


There is also no privilege for protecting ongoing criminal
by 1NDGal  (2018-12-11 16:57:19)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

enterprises, certainly not when significant harm to a person will occur.

Jack probably thinks he did all he could when he unsuccessfully counseled USAG to remove accused trainers. USAG said no thank you, we shan’t report and we shan’t remove anyone unless and until they are convicted of a felony.

But at that point there was a good deal of evidence that an entrenched ring of bad actors was operating and would continue to operate. Lawyers not only are released from attorney-client privilege in that event, but are required to go to the authorities.

Give it up with the the Colonel Klink defense, Savvy.


I don't think your second paragraph is accurate or complete. *
by ACross  (2018-12-11 17:49:20)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post


An attempt to paraphrase the 1999 compromise as reported
by 1NDGal  (2018-12-11 18:22:47)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

in harmonica’s excellent summary.

I might have given Jack too much credit there.


Required reading
by ACross  (2018-12-11 11:08:44)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

I didn't come here to be called a liar.

A nice set of objections throughout.


The most irritating thing is not a legal one.
by Otter  (2018-12-12 10:50:52)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

That pompous ass and his attorney corrected the opposing counsel multiple times when they referred to him as an athletic director. "Director of Athletics"! They insisted.

Once, maybe. Several times for something so small and petty?


Just a device to set the interrogating attorney on his heels
by 1NDGal  (2018-12-12 13:34:28)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Appears to have worked. Can't believe what that guy allowed JS to get away with. I bet the discussions with JS's lawyer leading up to the deposition were a hoot. DO YOU KNOW WHO YOU'RE DEALING WITH?!?!


Jack’s “don’t call me a liar” bristle is something else.
by arch_moore  (2018-12-11 20:29:49)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Why so edgy Jack?


Mr. Little could use some CLE, it appears ...
by BIGSKYND  (2018-12-11 11:33:11)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

not sure if any threatened motions were actually filed.


That nickname fits Kelly more than Savvy
by captaineclectic  (2018-12-11 14:45:15)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

...oh, it’s the name of a person on the transcript.

Carry on.


You think it is Mr. Little who was out of line?
by ACross  (2018-12-11 11:44:14)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Or do you think he needed to do a better job of handling bullshit objections?

I think he should have just terminated the deposition.


Stayed on the record and called the judge, and not let
by 1NDGal  (2018-12-11 12:38:46)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Savvy out of the room.


Some state rules state that the deposition is suspended
by ACross  (2018-12-11 13:05:20)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

when a judge is to be called. Doesn't really matter. Make a record, call the judge, just don't take a useless deposition. The lawyer may well have been just making a record that the lawyer and the witness were not cooperating. He may have had other fish to fry, he may have had a strategy.


That's my point ...
by BIGSKYND  (2018-12-11 11:51:07)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

I have no idea what he was doing in response to the objections beyond floundering. Moreover, if the listing of counsel at the outset is accurate, it appears that two lawyers are representing the same co-defendant clients. If so, why are they being allowed to tag team on objections?


Not a lawyer but it seemed that way to me.
by LaughingTulkas  (2018-12-11 11:47:07)     cannot delete  |  Edit  |  Return to Board  |  Ignore Poster   |   Highlight Poster  |   Reply to Post

Still not really sure what it all means after reading that twice.