Services Provided by the Office of the General Counsel

Requests for Services:

• Faculty:  All requests for legal advice must be made with the approval of the appropriate Department Chair or Dean.
• Staff:  All requests for legal advice must be made with the approval of the appropriate supervisor.

Outside Counsel - Only the Office of the General Counsel may hire or retain an attorney for any purpose.  Departments or offices that wish to hire an attorney must contact the Office of the General Counsel prior to any work being performed.  The only exception to this policy is attorneys that are retained to instruct classes and give public presentations.

Subpoenas - Subpoenas for University records or testifying regarding University business must be immediately forwarded to the Office of the General Counsel.

Record Requests - Requests for information about University employees are to be forwarded to the Office of the General Counsel for handling.

Resources for Students - Legal Services of Eastern Michigan - 1-800-322-4512

Attorney Client Privilege

The attorney-client privilege preserves the confidentiality of communications between lawyers and their clients. The privilege protects individuals and institutions. Thus, communications that faculty and staff have with University attorneys (including outside legal counsel), in confidence, for the purpose of seeking legal advice concerning University legal matters, are protected by the attorney-client privilege from disclosure to opposing parties. Such communications are privileged whether they are oral, written or electronic.  For the privilege to exist, the communication must be to, from, or with an attorney. In addition, the communication must be for the purpose of requesting or receiving legal advice.

Communications must also be kept confidential for the privilege to apply. If the substance of attorney-client communications is disclosed to persons outside the University or to individuals within the University who are not involved in the matter, the privilege may be extinguished. Your communications with University attorneys should never be discussed with anyone outside the University, including family members or friends; within the University, they should be discussed only with persons who have responsibility for the particular matter.

All written communications (including e-mail) from University faculty and staff to University attorneys concerning legal matters should be marked “Privileged and Confidential” by the sender. While this marking is not essential to bring the communication within the attorney-client privilege, it can help to protect the communication from compelled disclosure in litigation.

In requesting or receiving legal advice concerning University business, be assured that The Office of the General Counsel will preserve the privileged nature of all communications. If you have any questions concerning the attorney-client privilege, please contact The Office of the General Counsel.