Q: What is the role of the General Counsel of the University?
A: Bylaw 21.2 provides that the "General Counsel and Vice President for Legal Affairs, who shall also be an Officer of the University, shall be the chief legal officer of the University; shall have general charge of all legal matters pertaining to the Corporation and the University; shall attend meetings of the Board and its Committees; shall represent the corporation in all legal proceedings; shall advise the Corporation, its Committees and Officers, the President of the University, University Officers, and Officers of the Academic Senate on legal questions as may be required; and shall, subject to the direction of the President of the University, oversee the provision of all legal services to the University." The General Counsel has a dual reporting relationship to both the Board of Regents and the President.
Q: Who does the Office of General Counsel represent?
A: Attorneys in the Office of the General Counsel represent the University as an institution. Members of the Office of the General Counsel advise and represent University employees acting within the course and scope of their employment in matters concerning University business; however, they do not advise or represent employees in their individual capacities.
Q: What is the legal status of the University?
A: The University is a corporation established by the California Constitution (Article IX, Sec. 9).
Q: What is the legal name of the University?
A: The formal name of the University is "The Regents of the University of California". All legal obligations and commitments of the University must be established with this entity.
Q: What is the tax status of the University?
A: The University has received a determination from the United Sates Internal Revenue Service that it is a tax exempt organization under 501(c)(3) of the Internal Revenue Code. The University is also considered an exempt state government entity for certain state and Federal and tax purposes.
Q: Who has authority to act on behalf of the University?
A: Legal authority to bind the University resides exclusively with Board of Regents and the Officers of The Regents of the University of California in accordance with the Bylaws and Standing Order 100. Specific responsibility and authority may be delegated in writing by the Board of Regents and the Officers to designated officers and administrators in accordance with the Board of Regents' Delegation of Authority Definitions and Protocol. University managers and administrative officers should insure that they have appropriate delegated authority before signing or approving contracts on behalf of the University, and before committing any University resources.
Q: Can I retain outside counsel for a University matter?
A: Retentions of outside counsel for the purpose of providing legal services are managed exclusively by the Office of the General Counsel in accordance with Bylaw 21.2, through attorneys in Oakland, or on the campuses through the Campus Counsel's office.
Q: How do I contact a lawyer for assistance?
A: If you think you have a legal issue related to University business, you should first discuss it with the head of your unit, or your supervisor. Together, you can decide whether you need to involve an attorney. If you decide to contact an attorney, you may start by contacting either your campus Risk Management office if the matter involves an actual or threatened claim involving the University or your Office of Campus Counsel, who can involve attorneys from the Office of the General Counsel in Oakland as appropriate.
Q: Which lawyer at the Office of General Counsel will be assigned to my particular legal issue?
A: Specialists in the Office of the General Counsel are assigned to the following practice groups:
You should contact your Campus Counsel's office for assistance or a referral to the appropriate person prior to contacting the Office of the General Counsel in Oakland directly. In certain situations, outside counsel may be engaged to represent you or the University with respect to a claim, or to provide specialized legal services as necessary. If outside counsel is engaged to provide representation or advice on a specific matter, attorneys in the Office of the General Counsel in Oakland or your Campus Counsel's office will ordinarily be responsible for direction and oversight of outside counsel to ensure the delivery of efficient, high quality legal services in compliance with the established budget and scope of work for the engagement.
Q: What happens if I am sued in connection with University business?
A: Pursuant to the California Tort Claims Act, the University will provide you with a defense in the event you are sued personally for acts and omissions arising out of, or performed during the course and scope of, your employment by the University.
Q: Does it matter if I have left University employment at the time I am sued?
A: No, the University's defense and indemnification obligations depend on whether the conduct at issue occurred in the course and scope of your employment, not whether the defendant continues to be employed by the University.
Q: What should I do if someone tries to serve me with a summons, complaint, or other official document?
A: You are not authorized to accept service on behalf of the University. Refer the person who is attempting to serve you to the Office of the General Counsel, Office of the President, 1111 Franklin Street 8th Floor, Oakland, California 94607. Notify campus Risk Management, or Records Management for certain campuses of any attempt to serve you on behalf of the University. If you are served as a named party (individual) in a University matter, notify either campus Risk Management, Campus Counsel, or the Office of General Counsel in Oakland immediately.
Q: What should I do if someone tries to serve me with a subpoena?
A: If a process server attempts to serve you with a subpoena for non-medical University records, then they should be re-directed to campus Risk Management, or Records Management. If the subpoena is addressed to you and relates to your University employment, then personal service is required and you can accept service. You should then notify your supervisor and/or Campus Counsel so that you can receive guidance on how to respond. In matters involving the Medical Centers, you may authorize the Medical Center Risk Managers to accept service on your behalf. In all University matters involving a subpoena for personal appearances, you may also authorize Campus Counsel and/or University Counsel to accept service on your behalf.
If you are served with a subpoena that is addressed to you on a non-University matter, the above does not apply. You should seek the advice of private legal counsel.