Questions About Legal Representations
Can I hire a private attorney to handle Oregon Tech's business?
No. The university can only be represented by the Office of University Counsel or attorneys retained by the Office of University Counsel, unless permission has been granted by the General Counsel. In some circumstances, the Office of University Counsel may authorize independent counsel to advise departments or employees if there is a potential conflict of interest or other needs.
Can I share confidential information with Oregon Tech attorney(s)?
Information you convey to the Office of University Counsel in connection with seeking legal advice is privileged and will be treated as confidential. It is important to note that the “client” is the university, not any individual university official. Therefore, privileged information may be shared with university officials on a need-to-know basis, and the privilege may be waived by the university.
Will I be defended if I am sued?
The university will defend and indemnify you against any claim that arises out of an alleged act or omission occurring in the course and scope of your employment, except in cases of malfeasance in office or willful or wanton neglect of duty. The university reserves the right to select the counsel to represent you (and will provide counsel independent of the university in situations of conflict). When defending you, the university reserves the right to defend against the claim and settle the claim. The university will consult with the employee regarding any term of a settlement agreement that affects the legal rights of the employee. The university may choose to defend an employee under a reservation of rights. Any employee of the university to whom the university is providing a defense must cooperate fully with the university in the defense of the claim. If the university determines that the employee has not cooperated or has otherwise acted to prejudice the defense of the claim, the university may at any time terminate its defense and indemnity or proceed under a reservation of rights.
Disclaimer: Materials presented are for general informational purposes only and do not constitute legal advice. An attorney should be consulted regarding the specific facts and circumstances associated with any legal matter. No warranties or representations are made as to the accuracy of any information presented here or at any of the websites to which a link is provided, and the inclusion of a link or reference is not intended to be or imply any endorsement.
Some of the content on the Oregon Institute of Technology Office of University Legal Counsel website is adapted from the websites of the University of Oregon, Oregon State University, Portland State University, Eastern Oregon University, Southern Oregon University, and Western Oregon University. We would like to acknowledge their authorship of the original material.