Who does the Office of General Counsel represent?
The Office of the General Counsel represents the University of Lethbridge.
Who can access services from the Office of General Counsel?
University Senior Administrators are generally the appropriate persons to bring requests for legal services forward to our office. When a staff member has a legal question, often the Associate Vice-President/Dean/Executive Director has the answer if advice has already been sought on the particular issue. Generally speaking, University Senior Administrators are in the best position to know when the department (faculty/administrative unit) should seek legal advice.
The office can be contacted by email at general.counsel@uleth.ca or by telephone at 403-332-4417. For requesting legal services, please complete and submit the Legal Services Request Form and include any pertinent background information (such as the policy, communication, or type of situation) about which you are inquiring. This helps us determine the best and most efficient way to handle your question so that we can provide a timely and efficient response and appropriate follow-up. Our office staff is trained in and bound by the same rules of confidentiality as the lawyers in our office.
Does the OGC provide legal educational sessions?
Yes. Requests for legal educational sessions can be made by contacting our office at general.counsel@uleth.ca or at 403-332-4417.
Can the OGC represent or give legal advice to individual faculty members, staff or students on non-University or personal matters?
No. The Office of General Counsel represents the University. We are able to provide legal advice only for matters arising from an employee's performance of employment responsibilities. We do not provide legal advice to faculty members or staff:
- where their interests conflict with those of the University,
- where they were not acting within the scope of their employment, or
- on personal legal matters
The General Counsel's Office does not represent students in any circumstances, unless the student is also an employee of the University and the matter arose through the performance of his/her employment responsibilities. For personal legal resources, please refer to our "Help for the Public" tab.
What if I am sued in connection with doing my job at the University?
If you are sued in connection with doing your job, contact the Office of General Counsel to discuss the situation. Generally, if you are acting in good faith and within the scope of your duties and responsibilities, the Office of General Counsel may provide legal advice and representation to you.
Can I retain outside counsel for a University matter?
No. With exception of some very limited circumstances, only the University's General Counsel can retain outside counsel on behalf of the University or for University-related business. Please contact us if you have questions regarding outside counsel. For more information, please refer to the Legal Resources Policy.
What is a subpeona or a summons, and what should I do if I've received one?
Subpeonas and summons are documents issued by the courts to require attendance of a witness to answer questions or to provide documents. They are not uncommon. If you receive one of these and it is related to University business, please contact the Office of the General Counsel as soon as possible and we will assist you.
Where should process servers be directed to serve the University with legal process papers, such as claims against the University?
Legal process servers should be directed to the Office of General Counsel. We are located in University Hall, Rm A725, 4401 University Drive, Lethbridge, AB T1K 3M4.
If someone asks you to accept legal papers on behalf of the University of Lethbridge, you should direct the person to the Office of the General Counsel and refuse to accept the papers.
Are my communications with the Office of the General Counsel privileged and confidential?
Solicitor/client privilege exists between our office and the University. When administrators, in the course of acting as agents of the University, communicate with our office regarding legal matters of the University then those communications generally are confidential and subject to solicitor/client privilege. At law, the client (i.e. the University) holds this privilege, and can waive or lose this privilege by sharing the communication with anyone who is not another officer of the University with a need-to-know.
Privileged advice from the Office of General Counsel should be maintained in confidence. In order not to waive or otherwise lose this privilege, you must not forward emails with advice from the Office of General Counsel or share other legal communications with third parties outside the University, or to individuals within the University who are not relevant administrators with need-to-know. Doing so may waive any solicitor/client privilege that would have been attached to the advice.
It is also important to understand that the duty of confidentiality owed by the Office of General Counsel is a duty owed to the institution and not to any individual. If at any time a conflict of interest arises between the institution and an employee, the Office is obligated to represent the institution.
Who can sign contracts (including employment letters, MOUs, purchasing agreements, and other agreements) on behalf of the University?
Only those University officers designated in the Contracts - Approval and Signing Authority Policy are authorized to sign contracts on behalf of the University. This policy also outlines what level of institutional approval is required before the contract can be signed. Not having the requisite approval(s) in place, or the incorrect signing authority, exposes the University to legal risk and may attract personal liability to those individuals involved.
For more information on contracts at the University, including what is a contract, the required contract review processes at the University, or drafting and templates, please review our section on "Contracts".
Note: This FAQ section is intended to provide members of the University community with general information only. The information is not intended to substitute for actual legal advice from the Office of General Counsel.