Outside Legal Counsel Policy

Purpose

To ensure that the University’s attorneys, specifically those within the Office of Legal Affairs, have appropriate oversight in all matters affecting and implicating the legal interests of the University, including the selection and retention of and consultation with outside legal counsel.

Scope

University faculty, staff, students, and volunteers.

Policy History

I.  Effective Date:  September 9, 2014

II.  Approval:  September 5, 2023

III.  Policy History: 

• Approved in its original form:  September 9, 2014
• Approved as amended:  August 26, 2020
• Approved as amended:  September 5, 2023

IV.  Maintenance of Policy: Vice President and General Counsel, Office of Legal Affairs

Policy

To properly use available resources and personnel within the Office of Legal Affairs and to provide the best possible legal services to the University community, the University may contract with outside legal counsel to perform legal services or assist with certain legal matters as needed. Generally, these are matters that can be handled most effectively and efficiently by attorneys with extensive and specialized experience in the specific area implicated. The decision regarding whether or not a matter should be handled by outside counsel shall not be made by the unit or department from which the matter originated. Rather, it shall be within the discretion and authority of the Office of Legal Affairs to determine what matters warrant the retention of outside counsel. If outside counsel is retained, the unit or department will bear that cost in most instances. 

Selection and retention of and consultation with outside counsel must be approved by the Office of Legal Affairs prior to the provision of any associated legal service.  An attorney employed by the University as in-house counsel, such as the attorneys working in the Office of Legal Affairs, will have the responsibility for overseeing each legal matter affecting the University. 

Notwithstanding the above, the Director of the Office of Technology and Entrepreneurial Partnerships shall have the discretion and authority to select, retain, and consult with outside counsel for patent prosecution matters.

The Office of Legal Affairs can be contacted at (937) 229-4333, or legalaffairs@udayton.edu.