Briles > Snyder

[Rage Against the McKee]

The Big 12 should tell Baylor to have Pepper Hamilton hand that report over or find a new conference.

[Dugout DickStone]

I doubt they did, they can look at it whenever they want--while in possession of their attorneys.  Poor security over that report would be bad news, any copy not in possession of the attorneys is subject to subpoena or seizure via a search warrant.  I'd guess they're smart enough to not risk having physical custody of the report--if they do and say the don't, you have another obstruction of justice and a perjury charge staring you in the face.

If you can see it on your screen, you have possession of it.

[Kat Kid]

I doubt they did, they can look at it whenever they want--while in possession of their attorneys.  Poor security over that report would be bad news, any copy not in possession of the attorneys is subject to subpoena or seizure via a search warrant.  I'd guess they're smart enough to not risk having physical custody of the report--if they do and say the don't, you have another obstruction of justice and a perjury charge staring you in the face.

If you can see it on your screen, you have possession of it.

Remember when they scheduled and received a dramatic reading of the report, instead of a written report?

[catastrophe]

I don't see why it would matter for attorney-client privilege purposes whether the report is in the possession of the attorney vs. the client.

[Kat Kid]

I don't see why it would matter for attorney-client privilege purposes whether the report is in the possession of the attorney vs. the client.

let's all throw our "I don't sees" in the ring here and field test our law and order knowledge.

[Kat Kid]

I don't see why it would matter for attorney-client privilege purposes whether the report is in the possession of the attorney vs. the client.

Possession is 9/10ths the law.

[catastrophe]

Also, if there is evidence the report contains information about an ongoing crime then I don't think attorney-client privilege matters.

[Kat Kid]

Also, if there is evidence the report contains information about an ongoing crime then I don't think attorney-client privilege matters.

I'm pretty sure there is spousal privilege that is even better than attorney client, maybe some of these people marry each other?  Just speculating!


Sent from my iPhone using Tapatalk

[catastrophe]

Also, if there is evidence the report contains information about an ongoing crime then I don't think attorney-client privilege matters.

I'm pretty sure there is spousal privilege that is even better than attorney client, maybe some of these people marry each other?  Just speculating!


Sent from my iPhone using Tapatalk

That would be pretty devious.

[deputy dawg]

Hmmm...fortunately, most of you are not familiar with the criminal justice system, and that's a good thing.  You absolutely CANNOT subpoena an attorney for their client's records, it truly is a privilege.  Trust me, I would love to do that in my investigations, but it is an inviolable privilege.  You never see Perry Mason called to testify against his client--well the same principle applies here.  Baylor instructed Pepper Hamilton to retain the report for that very reason.  Yeah, I'm sure they (Baylor) know what it says, but have not retained a copy.    Instructing Pepper Hamilton to retain the report was a very smart move, and anyone at Baylor that would undermine that by keeping a copy would be incredibly stupid, and put the institution at risk.  Maybe the DA will get lucky and discover a Baylor dumbass that kept a copy of the report, and issue a court order to obtain it.  Slim odds on that, though.

 

[Dugout DickStone]

Hmmm...fortunately, most of you are not familiar with the criminal justice system, and that's a good thing.  You absolutely CANNOT subpoena an attorney for their client's records, it truly is a privilege.  Trust me, I would love to do that in my investigations, but it is an inviolable privilege.  You never see Perry Mason called to testify against his client--well the same principle applies here.  Baylor instructed Pepper Hamilton to retain the report for that very reason.  Yeah, I'm sure they (Baylor) know what it says, but have not retained a copy.    Instructing Pepper Hamilton to retain the report was a very smart move, and anyone at Baylor that would undermine that by keeping a copy would be incredibly stupid, and put the institution at risk.  Maybe the DA will get lucky and discover a Baylor dumbass that kept a copy of the report, and issue a court order to obtain it.  Slim odds on that, though.

Then they had it and destroyed it.

[catastrophe]

What you described might be the rule of thumb for investigators, but it's not the law. Law firms get subpoenaed all the time and are obligated to respond. They typically don't have to produce privileged documents, but neither does a client. You cannot just hand something to your attorney in order to make impossible to get.

http://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html

[deputy dawg]

What you described might be the rule of thumb for investigators, but it's not the law. Law firms get subpoenaed all the time and are obligated to respond. They typically don't have to produce privileged documents, but neither does a client. You cannot just hand something to your attorney in order to make impossible to get.

http://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html

You are correct to a point.  The Pepper Hamilton report is work product of the firm, and is privileged.  It was not prepared by Baylor and handed to Pepper Hamilton, the firm was engaged to prepare the report. 

[Dugout DickStone]

What you described might be the rule of thumb for investigators, but it's not the law. Law firms get subpoenaed all the time and are obligated to respond. They typically don't have to produce privileged documents, but neither does a client. You cannot just hand something to your attorney in order to make impossible to get.

http://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html

You are correct to a point.  The Pepper Hamilton report is work product of the firm, and is privileged.  It was not prepared by Baylor and handed to Pepper Hamilton, the firm was engaged to prepare the report.

Work product has a pretty good set of exceptions, and the investigative report not being available by any other means is pretty apparent.

[ednksu]

http://sports.yahoo.com/news/report-county-district-attorney-wants-access-to-baylor-report-162602102.html

I'm curious to what kind of 'privacy' they are claiming.  We've all seen people try to say they are protecting victims by preventing reports containing those names or identifying info.  This doesn't seems like attorney client action. 

What you described might be the rule of thumb for investigators, but it's not the law. Law firms get subpoenaed all the time and are obligated to respond. They typically don't have to produce privileged documents, but neither does a client. You cannot just hand something to your attorney in order to make impossible to get.

http://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html

Also this, especially if it appears like the admin is looking for a report as a way to find holes to plug them.

[420seriouscat69]

https://twitter.com/BaylorFail/status/766665364902060032

[pissclams]

i guess he's more of an instagram guy

[pvegs]

this ish zamora video is some plain evil crap. and grobe's reaction, wtf.

[Steffy08]

Recruiting low quality people and them shooting them full of steroids is a bad combination.  I can't believe their S&C coach (the guy who tried to fight a TCU fan a few years ago) still has a job.

[ednksu]

jesus christ I watched it 

I hope someone hits that guy with a car and he bleeds out slowly.

[That_Guy]

jesus christ I watched it 

I hope someone hits that guy with a car and he bleeds out slowly.

He needs punched right in the throat. Continuously. 


Sent from my iPhone using Tapatalk

[Fake Sugar Dick (WARNING, NOT THE REAL SUGAR DICK!)]

Who has subpoenaed the report, and who is claiming privilege? I thought the report was an evaluation of baylor's ncaa compliance protocols, not legal advice on how to cover up rape, or whatever you dillweeds are implying.

[Dugout DickStone]

Who has subpoenaed the report, and who is claiming privilege? I thought the report was an evaluation of baylor's ncaa compliance protocols, not legal advice on how to cover up rape, or whatever you dillweeds are implying.

I don't think anyone has yet.

It is going to come out unless they try and get it in McLennan county or wherever Baylor has convinced the law enforcement and bench to be their cover ups.

[Spracne]

Who has subpoenaed the report, and who is claiming privilege? I thought the report was an evaluation of baylor's ncaa compliance protocols, not legal advice on how to cover up rape, or whatever you dillweeds are implying.

I don't think anyone has yet.

It is going to come out unless they try and get it in McLennan county or wherever Baylor has convinced the law enforcement and bench to be their cover ups.

I believe Baylor already has pending Title IX litigation, which I assume the feds have exclusive jurisdiction over? Regardless, just make a Title IX claim and it's out of the local courts.

[Dugout DickStone]

Who has subpoenaed the report, and who is claiming privilege? I thought the report was an evaluation of baylor's ncaa compliance protocols, not legal advice on how to cover up rape, or whatever you dillweeds are implying.

I don't think anyone has yet.

It is going to come out unless they try and get it in McLennan county or wherever Baylor has convinced the law enforcement and bench to be their cover ups.

I believe Baylor already has pending Title IX litigation, which I assume the feds have exclusive jurisdiction over? Regardless, just make a Title IX claim and it's out of the local courts.

the PH report is gong to come out eventually, they might as well get it over with.