Unfortunately, Penn State lost control of its would-be best advocate. The so-called "Freeh report," produced by lawyers hired by the board of trustees, was protected by the attorney-client and work-product privileges and could not have been disclosed without the board's consent. Nonetheless, the board allowed it to be disclosed publicly without prior review — a serious tactical error. Regardless of any media clamoring, it's entirely appropriate for a client to review materials prepared by its own lawyers to determine if and how they're released. For example, even had the board concluded release was appropriate, it could have limited that release to factual findings and recommendations. Moreover, by removing the usual attorney-client constraints from the Freeh law firm, the board enabled its own attorneys to become its attackers instead of its advocates.