2.16 Subject: UNIVERSITY COUNSEL
Adopted: September 12, 1996
Amended: December 14, 2004
Amended: January 9, 2007
Amended: December 6, 2007                                     

Applicability

This policy applies to requests for legal advice concerning University business from members of the University community.

Policy

The President of the University shall, consistent with RPM 3.3, appoint a University Counsel who shall be a member of the New Mexico Bar and shall serve as the chief legal officer to the University.  University Counsel reports directly to the President of the University and may when appropriate provide advice on legal issues to the Board of Regents. The function of the University Counsel's Office shall be to help the University carry out its mission of teaching, research, and service in compliance with federal and state law and University policies and procedures.  The Office shall emphasize preventative strategies for avoiding legal difficulties.  The Office shall also defend, or arrange for defense, of the University and, in appropriate cases, its officers and employees, in legal proceedings.  The Office shall also defend or arrange for the defense of students against any legal proceedings commenced against them arising from their good faith participation in official University investigations or grievance or disciplinary proceedings, or in official positions, boards or committees (other than as officers or members of chartered student organizations). 

The University Counsel, with the approval of the President of the University, is hereby authorized to initiate, join and intervene in legal proceedings in the name of the Regents of the University of New Mexico in routine matters, which do not raise policy issues, such as commercial disputes or trespass on University property.  Initiation of, joining and intervening in non-routine legal proceedings must be authorized by the Board of Regents.

It is in the best interest of the University that legal services provided by outside counsel to the University and its components be of the highest quality and delivered in a cost-effective manner.  In order to attain these objectives, no component of the University may retain or employ outside counsel except with the prior approval of the President of the University. The term “component of the University” includes the University, any unit, department or office of the University and any University-affiliated organization of which the University is the sole member or in which the University holds, directly or indirectly, a majority voting interest.  The retention, employment and supervision of such outside counsel shall be in accordance with guidelines promulgated by University Counsel and pursuant to a contract for legal services approved by the President of the University.

References

Appointment and Termination of Key Administrators, RPM 3.3 ; Student Government, RPM 4.1; Signature Authority for Contracts, RPM 7.8.

Comments should be sent to BRPM@UNM.edu

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