Ethical Obligations of Higher Education Lawyers
Pennsylvania v. Spanier; Pennsylvania v. Curley; Pennsylvania v. Schultz (Pa. Sup. Ct., Jan. 22, 2016)
Three separate opinions by the Superior Court of Pennsylvania granting pre-trial motions to quash the testimony and dismiss criminal charges against of three senior administrators. Prior to and during their grand jury testimony, the Defendants consulted the university's general counsel. In each case, the Court found that the former general counsel did not adequately explain to each Defendant that the general counsel's representation of them was in defense of the university and that they would need separate counsel to defend them in their personal capacities. The Court also found that the former general counsel's testimony before the grand jury about communications with each of the Defendants violated the attorney-client privilege.