To Amend Legal Services Policy

Number: 
US14/15-02
Date of Notice: 
Tue, 07/01/2014
Legislation, Resolution, or Policy Adoption: 
Policy Adoption
Current Status: 
Notice Given
Motion: 

Section I

1.1 WHEREAS, the Senate created an ad hoc committee to draft a proposed Legal Services Policy; and

1.2 WHEREAS, the ad hoc committee submitted to the Senate a proposed Joint Draft of a Legal Services Policy, which it had created in collaboration with the University of Oregon’s Office of General Counsel; and

1.3 WHEREAS, on April 9, 2014 a Senator moved the approval of the Joint Draft; and

1.4 WHEREAS, on April 9, 2014, the Senate approved amendments to the Joint Draft and then approved the Legal Services Policy as amended; and

1.5 WHEREAS, two of the amendments in the section on “Right to Legal Advice or Representation” are problematic because they contravene an important agreed-upon provision in the Joint Draft about the fact that the Office of General Counsel must be the sole provider of official legal advice and representation to the University of Oregon and its units; and

1.6 WHEREAS, the intention underlying the problematic amendments was to ensure that the Legal Services Policy did not preclude the Associated Students of the University of Oregon [ASUO] from continuing to fund and obtain services from the Office of Student Advocacy; and

1.7 WHEREAS, the intention underlying the problematic amendments can be served by removing them and adding a paragraph clarifying that the Legal Services Policy does not preclude the ASUO from continuing to fund and obtain services from the Office of Student Advocacy;

Section II

2.1 BE IT HEREBY MOVED that the Legal Services Policy as approved by the Senate on April 9, 2014, be amended by removing the words “and the Associated Students of the University” and “or organization’s” from the first sentence of the section entitled “Right to Legal Advice or Representation,” and that the following sentence be added to that section: “Nothing in this policy precludes the Associated Students of the University [ASUO] from contracting with legal services providers in order to make free or low-cost legal services available to students of the University or to provide other services so long as those other services do not constitute the provision of legal services, legal representation, or legal advice to (a) the ASUO itself, (b) ASUO bodies (including but not limited to the ASUO Executive and student senate), or (c) ASUO officers and employees acting in their official capacities,” so that the section entitled “Right to Legal Advice or Representation” reads, in its entirety, as follows:

“Every employee and student of the University shall have the right to obtain legal advice or representation from someone other than the General Counsel, at the employee’s own expense or on a pro bono basis, in connection with personal legal matters, matters arising within the scope of employment, and matters that may affect the University. This right to counsel shall not be compromised by any University policy or by the General Counsel. Nothing in this policy precludes the Associated Students of the University [ASUO] from contracting with legal services providers in order to make free or low-cost legal services available to students of the University or to provide other services so long as those other services do not constitute the provision of legal services, legal representation, or legal advice to (a) the ASUO itself, (b) ASUO bodies (including but not limited to the ASUO Executive and student senate), or (c) ASUO officers and employees acting in their official capacities.”

Financial Impact: 
Cost neutral.
Sponsor: 

Margie Paris (Law), Professor

Legislative History: 

On April 9, 2014, the Univeristy Senate passed motion US13/14-06 (Legal Services Policy).