? for Sports Law (re: Neuheisel)

[Dement-ed]

In the CNNSI.com story that PonyTales posted, they wrote:

"Neuheisel brought a private attorney to the meeting but stormed out after being told his outside legal counsel represented a conflict of interest."

Why would this be a conflict of interest? I don't condone what he did, but if he's afraid he'll lose his job, why wouldn't he be allowed to bring in his own attorney? Seems to me that if he has the financial ability to hire representation in a conflict with his employer, he should be able to, right?

I don't understand UW's stance here. Maybe after he released the e-mail which allegedly said it was OK to gamble in a basketball pool, maybe they were afraid he had a good case to keep his job, and they want to maintain the leverage to fire him?

Can you explain?
Thanks

[Lefty]

I was kind of wondering about this, too.

[Stallion]

I think the writer phrased it wrong. In most firms it is standard operating procedure to send around a conflicts check to other members of a firm prior to accepting employment to determine whether the lawyer and/or the firm is ethically permitted to handle a case. The lawyer or firm may have represented the university on other matters in which confidential information may have been revealed. Even if there is a conflict an attorney may still be able to represent the client if there is full disclosure of the conflict and consent by the client.

[This message has been edited by Stallion (edited 06-11-2003).]

[This message has been edited by Stallion (edited 06-11-2003).]

[Lefty]

Interesting take - thanks, Stallion.

[Sports Law]

Stallion stated it correctly. My take on it is that the attorney that Neuheisel brought with him had previously represented UW and UW would not waive the "conflict" (meaning the lawyer has a relationship [current or previous] with both parties to the issue in dispute - regardless of whether or not the prior representation is related to the current issue - Hope that makes sense). As Stallion said, if there is full disclosure and UW consents, then the attorney's representation of Neuheisel would be permitted. The rules of professional responsibility may be different in Washington state; but that is the general rule.

Bottom line: Neuheisel needs to get another lawyer from a different firm....and (personal opinion) update his resume.

[MrMustang1965]

Stallion: Go to the head of the class!

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"Winning ain't everything...but it's a lot more fun than the alternative!" S.M.U. SPIRIT: IT STARTS NOW!

[Roach]

"Bottom line: Neuheisel needs to get another lawyer from a different firm....and (personal opinion) update his resume."

Good thinking!

[Greenwich Pony]

I'm surprised that the lawyer didn't run a check prior to the meeting. That's standard procedure up here. That's pretty embarassing for the attorney, and just bad representation.

[MrMustang1965]

That lawyer obviously graduated from U.T. and not the S.M.U. Law School!

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"Winning ain't everything...but it's a lot more fun than the alternative!" S.M.U. SPIRIT: IT STARTS NOW!

[PonyPride]

Careful - SportsLaw is a UT grad, I believe!

[Sports Law]

Disclosure: I am a graduate of UT undergrad ('81) and U of Houston law school ('85).

It IS pretty embarrassing for the attorney to not have run the conflict check before the meeting. To be fair, though, maybe there was a previous relationship between the attorney and Neuheisel and an understanding that UW would waive (or had previously waived) the conflict - in any case, this was a big 'ol ooops!

So, where does Neuheisel wind up next? The most recent report from AP is that UW AD Hedges is setting up the dismissal to be for "just cause"; thereby potentially relieving the University from paying the remainder of his contract. Given his history of questionable judgment (both at Washington and Colorado) and the current (and proper - in my opinion) intolerant climate, he may have a difficult time with employment at the college level, particularly if the NCAA weighs in with some kind of disciplinary action. My guess is that he wishes that he had a second chance at the 49ers job - though the gambling issue will likely be a difficult one to overcome on any level.

[EastStang]

Check out this link at OU, it has some of the funniest pics.

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