Title:	Selection of Outside Legal Counsel
Policy Owner:	General Counsel’s Office
Applies to:	Selection of Outside Legal Counsel
Campus Applicability:	All Campuses, including UConn Health
Approval Date:	October 25, 2023
Effective Date:	October 25, 2023
For More Information, Contact:	General Counsel
Contact Information:	(860) 486-5796
Official Website:	http://generalcounsel.uconn.edu/

BACKGROUND

Pursuant to state law, the Attorney General has “general supervision over all legal matters in which the state is an interested party” except as otherwise provided by law.[1] It has been the general practice of the Office of the Attorney General to select, and contract with, Outside Counsel for the benefit of state agencies and constituent units when such private legal counsel (“Outside Counsel”) is required.

The University of Connecticut 2000 Act (“UConn 2000 Act”) authorizes the University to select and retain Outside Counsel directly, in consultation with the Attorney General, in connection with the construction, operation and maintenance of any UConn 2000 project. [2]  The UConn 2000 Act specifies that the Board of Trustees shall determine the effective and efficient method or methods of obtaining legal services. In addition, the Office of the Attorney General has authorized the University to select and retain Outside Counsel directly when such counsel is necessary in conjunction with labor relations matters, including collective bargaining.

PURPOSE

To set forth the process by which Outside Counsel is selected and retained by UConn pursuant to its authority under the UConn 2000 Act or elsewhere.[3]

POLICY STATEMENT

The decision whether to hire Outside Counsel for the University, pursuant to its authority under the UConn 2000 Act or elsewhere, shall be made in consultation with the General Counsel and the Executive Vice President and Chief Financial Officer or their respective successors in function. The process for selecting Outside Counsel shall be managed by the Office of the General Counsel and shall be consistent with applicable statutory requirements for the procurement of professional services. Cost of services shall be considered as one of the criteria, but cost shall not be the sole consideration.

ENFORCEMENT

Violations of this policy may result in appropriate disciplinary measures in accordance with University Laws and By-Laws, General Rules of Conduct for All University Employees and applicable collective bargaining agreements.

POLICY HISTORY

Policy Created: July 1995*
Policy Revised: October 16, 2023, January 27, 2016, August 8, 2012*

*Approved by the Board of Trustees

 

[1] General Statutes § 3-125.

[2] General Statutes §§ 10a-109d(a)(5) and 10a-109n(e)(4)(F).

[3] This policy does not apply to the UConn Health Finance Corp, which derives its powers from General Statutes §§ 10a-253, et seq.

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