Ob Populus

It’s getting so bad here…………

In Uncategorized on November 17, 2011 at 9:05 pm

Mr.B As A Lawyer

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Lawyers are throwing their clients under the bus due to this JoePa, I mean Jerry Sandusky, child sex abuse scandal.

Wendell Courtney was counsel for Penn State during all the relevant time period and also for “The Second Mile”, although there is some controversy as to when and in what capacity with the charitable organization. Regardless of this discrepancy, all attorneys owe their clients a duty of loyalty and must keep their client‘s best interest  at heart and never reveal any confidences. These obligations extend even when the lawyer no longer works for the client. He/she is bound for eternity.

So what does Wendell do today, he throws Penn State under the bus, informing the world that they never told him about the shower incident. This maybe true but he is ethically bound to keep his lips zipped. First of all, it puts Penn State in a bad light, showing that a cover-up was in play, for surely, they would have informed their lawyer about the situation. This is a breach of his duty of loyalty to his client – the University.

Secondly, it reveals confidences, which again violates legal ethics.Confidences are matters that are not for public consumption. One must know that they can freely converse with their lawyer and not have it spread all over town. Part of what makes up confidences is not only what is said but what is not said. People can deduce what is going on between two parties by stitching together both the known and unknown. Here, what was exactly said and done between Penn State and its lawyer was only for them to know. However, Mr. Courtney decided  that it was in his best interest to let the rest of the world in on the secret. That is a big no-no.   

Mr. Courtney appears to have many legal woes stemming from the Penn State-Second Mile & Jerry Sandusky fiasco. He is in the cooker right now. What he did was to shift blame from himself onto a client, not a wise move; he obviously is in need of expert legal advice.

I am all ears and don’t worry Wendell, I wont tell a soul.

  1. That Wendell V Courtney attempted to throw Penn State under the bus is ludicrous. As University counsel and that of The Second Mile, if anyone knows where all the bodies are buried, he’d most likely top the list. To believe he knew nothing of the shower incident requires a leap of faith, and one I am not willing to offer. There are two possibilities, Wendell V is senile or he is prevaricating. If he’s senile, his law license should be revoked. If he’s lying, he should be disbarred. Either works.

    • Yes, he may know but he is ethically bound to keep his client’s confidences unless the client waives such confidences. Until then he must keep his lips zipped. Even scoundrels are entitled to the benefit of legal representation who will not repeat to the world what is known only by counsel and the scoundrel.

  2. Of course he is ethically bound, but perhaps Courtney is not ethical nor honorable. IF he had heard even the whisper of sexual impropriety with children, he was duty bound to report. It is my belief he claims no knowledge because he will be in deep doodoo for his failure to alert authorities. And he is in deep hot water for throwing his client under the bus. With luck, the former could land him in prison. A nice reference quote: “And in 2002, after McQueary had reported what he had seen to the university’s senior officials, those officials not only never told the police, but they also never even informed the university’s top lawyer. That lawyer, Wendell Courtney, said in an interview this week that he would have been duty bound to report any allegations of inappropriate conduct by Sandusky toward children to law enforcement officials.”

    Fiction!

    The FreeRepublic has an interesting piece about the missing files from The Second Mile:
    http://www.freerepublic.com/focus/f-news/2808848/posts

    Again, how handy to have files gone missing. I need a good time line. I want to know just when Linnette Courtney went onto the Board of The Second Mile and when old Wendell V became pro bono for them. These files would most surely indicate who knew what, when, and who was advising whom. There’s no way Penn State wouldn’t look to him to help. Unless he is senile, Courtney probably knows where all the bodies are buried and perhaps arranged for the disposal. Thinking of the mob and looking at “the Penn State Family” and all the contractor/developer/donors with lips firmly attached to the University’s backside, don’t you just wonder what’s hidden in the foundations of all the new buildings?

    Missing files, missing Gricar and his computer hard drive, missing 2002 shower rape 10-year old. Too convenient. I do not believe in coincidence.

    • I believe he started as full counsel in 2008 but was doing pro bono work for them since the mid to late 1990′s. He is definitely in the cross-hairs, hence the throwing his client under the bus. It is inconceivable that only Schultz, Curley and Spanier were involved in the 2002 investigation. I am sure legal counsel and the University police had a hand in this too. For this, we have to wait until the other shoe drops, the A.G. completing its probe.

    • By golly, I do say, I do believe you’ve got it!!!!!

  3. It has been so bad here:

    I hope you will expand your commentary to cast a white hot light further into the darkness of Penn State. An investigation might do well to dig beneath the smoke and mirrors veneer to look at a history filled with cases of desperate cover-up concerning racial and homophobic bias, sexual harassment, reported missing donor monies, tampering with faculty files, illegal firings — all safely “settled” and beyond the purview of any prying eyes.

    The CDT piece by Vincent Colopietro gave me a start. Read more: http://www.centredaily.com/2011/11/20/2992972/awakening-to-our-own-blindness.html#ixzz1eZgVH4Up

    Startling and spot on that Colapietro would use these words: “… he then asked: “Are you a professor?”
    Resolutely, I answered, “Yes.” “So you’re at the heart of this.” To which I responded with no less resolve, “Yes.” ” “When he noted that I as a professor was at the heart of this, he perhaps spoke more truly than he realized.”

    In light of those quotes, I would urge you to take a look at an interesting and illustrative sexual harassment case — Aboulafia vs The Pennsylvania State University:
    http://dockets.justia.com/docket/pennsylvania/pamdce/4:2005cv01550/59350/

    And also an article about the case:
    http://leiterreports.typepad.com/blog/2011/11/the-miselading-climate-for-women-guide-redux.html

    Perhaps this could be just the jumping off point for a long overdue down and dirty look at the sordid underbelly of the beast. The College of the Liberal Arts is fairly screaming out for sunshine.

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