Requesting Legal Assistance

Our office has an open door policy for faculty, administrative staff and students of the University who need legal advice regarding University matters. If you need legal advice regarding a new University-related matter, please call our office at (646) 664-9200 or ogc@cuny.edu us and provide background information about the issue to assist in directing your matter to the proper attorney.

For an existing matter, please use the Attorneys and Staff page to contact the attorney who has been working on that matter or call our office at (646) 664-9200.

Execution of Contracts and Agreements

The General Counsel and Senior Vice Chancellor for Legal Affairs.

Who is the “client” in a university setting?
The Office of General Counsel and Senior Vice Chancellor for the Office of Legal Affairs represents the University.  It does not (and cannot) represent any University personnel as individuals with respect to their University’s activities if their interests are opposed or adverse to the University.  (In certain cases, an exception could apply where there is complete unity of interest and consent is provided by all involved parties, such as University personnel being sued for actions legally taken on behalf of the University.)

If University personnel disclose personal information to one of our attorneys, this information is not privileged and is not protected from disclosure.  Additionally, if the information relates to conduct harmful to the University, the attorney must disclose the information to University management.

Attorney-Client Privilege

The attorney-client privilege preserves the confidentiality of communications, whether written, oral, or electronic, between attorneys and their clients.  This privilege protects both individuals and institutions, and encourages openness and honesty between clients and their attorneys.  Communications between University personnel and attorneys in the Office of the General Counsel and the Office of Legal Affairs for the purpose of requesting or receiving legal advice related to University business are protected by the attorney-client privilege.  Attorneys cannot reveal or be forced to reveal attorney-client communications in most situations.  In the litigation context, this privilege becomes especially important because privileged communications are not disclosed to the opposing party.

Our attorneys must have complete knowledge of the facts to advise University personnel properly.  The attorney-client and attorney work-product privileges create a protection of privacy so that University personnel can candidly inform our attorneys of all the facts, including any “bad” or damaging facts, in a confidential and privileged setting.  This protection is given so that our clients can fully disclose sensitive information as necessary to receive complete and proper legal advice.

The attorney-client privilege does not apply to all communications between our office and University personnel.  Communications must be kept confidential for the privilege to apply.  If University personnel do not follow the rules applicable to the privilege, the privilege can be inadvertently waived and its protections lost.  If the contents of an attorney-client communication between our attorneys and University personnel is disclosed to persons outside of the University, or even to persons within the University who do not have a “need to know,” the privilege may be waived.  Accordingly, communications with our attorneys should never be discussed with anyone outside the University, including family members or friends.  Within the University, communications should be discussed only with persons who have responsibility for the particular matter.

Written communications, including e-mail messages, should note that you are seeking legal advice and should be clearly labeled as “PRIVILEGED AND CONFIDENTIAL – ATTORNEY-CLIENT COMMUNICATION.”

University Senior And Community College Litigation Matters

New York State Office Of The Attorney General And The New York City Office Of The Corporation Counsel

Legal Matters Not Requiring Outside Counsel

Typically legal matters arising at the University Senior College level are referred to the New York State Office of the Attorney General for representation by the Office of General Counsel and Senior Vice Chancellor for the Office of Legal Affairs. Unless such legal matter is declined by the New York State Office of the Attorney General, the University will work with the New York State Office of the Attorney General to resolve and or settle any such matter or claim. In the case of University community colleges, the New York City Office of Corporation Counsel has primary responsibility to represent the University’s community colleges in legal matters pertaining to such institutions. The University and any constituent school, college or department is only authorized to retain outside counsel upon declination by the New York State Office of the Attorney General, or the New York City Office of Corporation Counsel, respectively, to accept responsibility for such representation.

Requesting Outside Counsel

University administrators, staff, and employees may not retain private attorneys to provide advice, counsel, or representation regarding University matters.  The Office of the General Counsel and Senior Vice Chancellor for Legal Affairs is responsible for determining the appropriate legal resources for all University-related matters and will decide if an outside attorney should be retained for any particular legal matter.  If outside counsel is approved, the requesting school, college, or department must have funds in its budget available for the payment of legal fees. Notwithstanding all such outside counsel will be managed by The Office of the General Counsel and Senior Vice Chancellor for Legal Affairs.

Once it is determined outside counsel is appropriate, our office will work to retain outside counsel through the New York State Office of the Attorney General.  As the constitutional attorney for New York State and its agencies including institutions of higher education, the NYS Office of the Attorney General must approve all requests to retain outside counsel and outside counsel contracts before legal services are performed.  The NYS Office of the Attorney General reviews and approve outside counsel engagement letters and contracts, including invoicing for legal services and expenses.