Policy on the Use of Outside Legal Counsel

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Policy Category: Executive

Effective Date: 02/14/2024

Responsible Officer: General Counsel 

History: New Policy

Responsible Office: Office of the General Counsel

Location: Link

Purpose

This policy is intended to provide guidance to Wentworth Institute of Technology (henceforth known as “the university” or “Wentworth”) related to the selection, retention, and consultation with outside legal counsel.

Scope/Applicability

This policy applies to all members of the Wentworth community, students, faculty, staff, and affiliates, except the Board of Trustees.

Legal

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Policy

The Office of the General Counsel oversees all matters affecting and implicating the legal interests of the university. In furtherance of this responsibility the Office of the General Counsel, the President, the Board of Trustees, or designated departments, may contract with outside counsel to perform legal services or assist with certain legal matters as needed.  

Selection and retention of and consultation with outside counsel must be approved by the Office of the General Counsel, the President, or the Board of Trustees prior to the performance of any legal services. 

Definitions

Outside counsel: Legal services performed by any individual outside of the Office of the General Counsel.

Procedure(s)

Selection of Outside Counsel

  1. Individuals and/or departments seeking to use outside counsel must receive approval from the Office of the General Counsel, the President, or the Board of Trustees prior to the performance of any legal services. 
  2. The Office of the General Counsel, the President, or the Board of Trustees shall determine if the matter can be handled by in-house counsel or if it needs to be referred to outside counsel.  
  3. The Office of the General Counsel, the President, or the Board of Trustees retains the discretion and authority to determine what matters warrant the retention of outside counsel. 
  4. If outside counsel is retained, a member of the Office of the General Counsel, or designee, will serve as a liaison between the requesting department and outside counsel.  
  5. Typically, the department requesting outside counsel will bear the associated costs.  

Additional Information & Related Documents

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Interpretation & Revision

Any questions of interpretation regarding this policy shall be referred to the General Counsel. They will be the final authority regarding the interpretation of this policy.   

This policy shall be reviewed every three years; however, minor changes and updates can be made at any time.    

Wentworth will typically apply the policy in place at the time it receives a report concerning the respected policy.  

Review and Revision History

This policy was drafted by representatives from the Office of the General Counsel. This policy was reviewed by Cabinet and approved by the President on 2/14/2024. 

This is a new policy.