| |
|
|
CHAPTER 6. UNIVERSITY FACILITIES AND SERVICES
The University of Texas at Austin Policy Memorandum 6.601 Office of the President November 1, 1977 (Revised July 7, 2006)Subject: : LEGAL SERVICES FOR STUDENTS
It is the policy of The University of Texas at Austin to provide currently enrolled students preventive legal education and legal consultation regarding legal issues confronting individual students.
I. Scope and Duties
A. Subject to the provisions of Paragraph B, Legal Services for Students provides services that include legal advice, legal information services, legal referral services, legal representation in negotiations and litigation, and Notary Public service.
B. Legal Services for Students exercises its professional judgment in determining which cases should properly invoke the services of the office. Students do not enjoy a lawyer-client relationship with Legal Services for Students until one of its attorneys accepts the case presented. The following guidelines are operative in determining which cases the office will accept:
1. Legal Services for Students will not represent any student, at any stage of any felony criminal proceeding in any court, or if a student suspect is attending the same campus as the victim of the alleged crime. Further, no representation is to be provided at trial if the detention or arrest involved University police.
2. Legal Services for Students will not represent students in any matter that requires an administrative decision to be made by any officer, committee, board, or agency of an institution of The University of Texas System, the System, or the Board of Regents.
3. Legal Services for Students will not represent students at any stage of any civil proceeding in federal, State, county, or local court where such proceeding is directly or indirectly against or antagonistic to the interests of the UT System or any institution thereof, or against or antagonistic to the interests of any person who is sued in his or her official capacity as an officer of the System or any institution thereof.
4. Legal Services for Students will reject any case whose acceptance would give rise to a conflict of interests or otherwise violate the Texas Disciplinary Rules of Professional Conduct.
5. Since the focus of Legal Services for Students is on problems specifically related to students, there may be unrelated issues which are not, in the judgment of the attorneys, appropriate subjects for representation, such as:
(a) students' business interests; and
(b) domestic problems;
6. Appropriate cases would include consumer problems, landlord-tenant disputes, misdemeanor criminal cases as denoted above at I.B (1), and employees' rights.
7. Finite amounts of time and resources may impose limitations on the extent of services provided by Legal Services for Students.
C. Legal Services for Students will not accept any fee from the individual student who is represented by the office. If court settlements should result in monetary awards to the attorney, the funds will be deposited in accordance with established practices of the Office of the Vice President and Chief Financial Officer.
D. Any program of legal referrals will be consistent with generally accepted practice and requirements of established legal ethics, provided, however, that Legal Services for Students will not accept fees related to referrals.
E. All attorneys employed by Legal Services for Students must be admitted to the Bar of the Supreme Court of Texas.
II. Selection Committee
A. If the position of the Director of Legal Services for Students is vacated, a selection committee to advise the President of the University will be comprised of seven members and will be constituted in the following manner:
1. Two members of the General Faculty, at least one of whom shall be a member of the School of Law, will be appointed by the President of the University. These selections will come from a panel of four nominees submitted to the President by the Dean of the School of Law.
2. The President of the Student Government or his/her delegate;
3. The President of the Student Bar Association or his/her delegate;
4. One student appointed by the President of the University from a panel of two nominees submitted by the Student Government;
5. Two staff members from the Division of Student Affairs, at least one of whom shall be a permanent staff member from the Legal Services for Students office, will be appointed by the Senior Associate Vice President and Dean of Students or his/her designee.
6. The selection committee will elect its chairperson.
B. In accordance with established personnel policies and procedures, the selection committee will solicit and process applications of candidates and interview candidates as appropriate. In its report, the selection committee will submit three or more nominees to the President of the University through the Vice President for Student Affairs. If for any reason the President is unable to appoint any of the nominees, the President will ask the selection committee for additional nominations.
III. Structure and Organization
A. Legal Services for Students will be under the supervision of the Director. The Director will report to the President of the University through the Vice President for Student Affairs or his/her designee.
B. Legal Services for Students will be funded through student tuition as approved by the President of the University and the Board of Regents. Legal Services for Students will be responsible for preparing and submitting a budget through the Vice President for Student Affairs in accordance with the required budget procedures.
C. Legal Services for Students, in accordance with University personnel policies and approved budgets, may employ appropriate professional and support staff to assist in accomplishing its goals. Law students may be selected to serve as legal interns subject to the clinical requirements set forth by the School of Law. Services of law student volunteers are subject to guidelines set forth by Legal Services for Students.