R765-135-5. Legal Counsel Scope of Authority

Legal counsel: (1) Shall be licensed to practice law in Utah; (2) Shall adhere to the Utah Rules of Professional Conduct and the Utah Standards of Professionalism and Civility; (3) Represents the USHE institution as the client; (4) Has the responsibility and authority to advise the institution on all relevant state, federal, and international laws, policies, rules and regulations; (5) When advising, may consider and refer not only to the law, but to moral, economic, social, political, and other factors that may be relevant to the institution's situation. See Utah R. Prof. Conduct 2.1. (6) Within the scope set by the institution's president, may act as legal representation for the Board of Trustees, president, administration, and other representatives of the institution in all matters; (7) Except within the scope of authority set by the president, does not make decisions on behalf of the institution; (8) May not conduct litigation; (9) May not settle claims covered by the State Risk Management Fund; (10) May not issue formal legal opinions; (11) May not serve in or exercise a role outside the scope of authority articulated in this rule; and (12) Except as provided in Subsection R765-135-5(11) shall not serve in or exercise an administrative role, function or office that is not primarily legal or regulatory.