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Payment of Outside Legal Fees & Expenses

This policy explains the principle behind, and the process by which, approved outside legal fees and expenses are paid by the university.

Principle

Principle

Subject to the provisions of Arizona Board of Regents Policy 3-803 and this policy, only the Senior Vice President and General Counsel, or authorized designee, has the authority to retain outside legal counsel when in his/her professional judgment it would best serve the needs of the University. The Senior Vice President and General Counsel shall pay, or cause the payment of, all outside legal services (including attorney fees and related expenses) in accordance with these policies.

Funding

Funding

  1. The Executive Vice President, Treasurer and Chief Financial Officer will establish a local account, funded by General University Funds on July 1 of each fiscal year, through which the Office of General Counsel will pay all costs of outside legal services not provided for in item 2. below. This account is to be funded at the beginning of each fiscal year through the annual budgetary process and, if additional funds are required to meet the ordinary and/or necessary legal needs of ASU, the Senior Vice President and General Counsel or his/her designee shall submit such a request for additional funds to the Office of Planning and Budget.
  2. Under the following circumstances, at the discretion of the Senior Vice President and General Counsel, the affected administrative area shall reimburse to the Office of General Counsel the cost of legal services:

    1. If the legal services relate to an auxiliary enterprise designated by the Office of Planning and Budget as responsible for the payment of legal fees; or
    2. If the legal services relate to personnel litigation within a specific administrative area; or
    3. When the Senior Vice President and General Counsel, or authorized designee, and the appropriate administrator agree to do so.

  3. The Trademark Management Office shall pay all costs of trademark licensing including legal fees, registration fees, and costs of defense related to the official trademarks of ASU and all trademarks which generate revenue administered through the Trademark Management Office. Such legal fees and related costs are subject to review and approval by the Senior Vice President and General Counsel, or authorized designee. Legal fees and costs for trademark representation other than the foregoing shall be the responsibility of the administrative area seeking such trademark protection unless the Senior Vice President and General Counsel determines that an exception to this policy is necessary and appropriate.

  4. General University Funds will cover those costs associated with situations not addressed by item 2. above.