Frequently Asked Questions | Office of the General Counsel

The Office of General Counsel

What is the OGC?

Our sole client is the University, including its trustees, officers, faculty, and staff acting in their authorized capacities as representatives or employees of the University. We cannot provide legal advice to faculty, staff, or students on personal matters

Who should I contact if my department needs legal services?

Contact the OGC if you need legal support at uiwogc@uiwtx.edu.

When should I contact the Office of General Counsel?

You should contact the OGC if:

someone tells you they are represented by an attorney;
an attorney contacts you;
someone threatens the University with a lawsuit;
you observe an incident or have other concerns that may expose the University to legal liability;
you receive Contracts and Other Legal Agreements involving the University;
you receive a Records Request (including Subpoenas and Public Records Requests);
someone attempts to effect Service of Process (serve you) with a legal notice;
you have questions regarding Intellectual Property, including patents or commercialization of processes or inventions; or
you become aware of a new regulation or law that may impact your department or the University as a whole.

Who is responsible for hiring and supervising outside legal counsel?

The OGC is the only department authorized to hire and supervise outside legal counsel, with the exception of the University President. Outside counsel may only be retained with approval from the University President or, in most cases, the General Counsel.

Where is the OGC located?

The OGC is located in the Student Engagement Center, Office 2053.

Attorney-Client Relationship

Who is OGC’s client?

Our sole client is the University, including its trustees, officers, faculty, and staff acting in their authorized capacities as representatives or employees of the University. We cannot provide legal advice to faculty, staff, or students on personal matters.

Does the OGC represent students?

No, the OGC is not able to represent students or student organizations

Does the OGC represent or give legal advice to faculty, staff, or administrators in their individual capacity?

No, the OGC represents the University, and only works on University-related matters.

Where should I go if I need an attorney on an individual basis?

If you need an attorney for a personal matter, please contact the State Bar of Texas Lawyer Referral and Information Services (LRIS).

What are attorney-client privileged communications?

Attorney-client privileged communications are oral or written communications between an attorney and a client regarding legal advice.
Copying an OGC attorney does not create a privileged communication; the communication must be made for purposes of obtaining legal advice.
Attorney-client communications must remain confidential in order to be protected by the attorney client privilege doctrine. In other words – do not forward emails or share the content of what you discuss with OGC with outside parties.

Contracts and Other Legal Agreements

Who can sign contracts on behalf of the University?

The Board of Trustees grants authority to certain administrators to sign documents on behalf of the University. Persons authorized to sign documents include Dr. Evans, as UIW President, and Dr. Darrell L. Haydon, as Chief Financial Officer and Vice President for Administrative Services.

What are the types of contracts to which the University is a party?

The University is party to several types of agreements, including Affiliate Agreements, Contracts for Services, Leases, Memoranda of Understanding, Procurement Contracts, Purchase and Sale Agreements, Waivers and Releases.

What should I do if I have a contract that needs to be signed?

All University contracts should go through the contract review process, outlined here.

Records Requests (including Subpoenas and Public Records Requests)

What do I do if I receive a letter seeking University records under the Freedom of Information Act (FOIA) or the Texas Public Information Act (TPIA)?

In general, FOIA and TPIA apply only to public institutions.

Under Texas law, the only University department that may be required to provide records in response to such a request is the UIW Police Department. Therefore, University records should not be provided in response to such a request. If you receive a request for records relating solely to law enforcement activities, you should forward it to the UIW Police Department.

What do I do if I am contacted by a process server?

You must refer all such contract to the Office of General Counsel. Elizabeth O. Perez is the registered agent for service of all legal documents for the University. Therefore, you are not authorized to accept service on behalf of the University.

Intellectual Property

Where is the University’s Intellectual Property Policy?

The Intellectual Property Policy is set forth in Chapter 14 of the Employee Handbook.

Does the University own intellectual property that I invent?

The University has an ownership interest in any intellectual property that is:

created by an employee within the scope of employment,
created on UIW time or using UIW facilities or financial support,
commissioned by UIW, or
the result of research supported by Federal funds or third-party sponsorship.

What should I do if I think I have created intellectual property?

Contact OGC using the Contact Us page. We can help you determine whether the intellectual property is subject to the policy and provide advice on next steps.