Overview 

The Attorney-Client Privilege is a legal doctrine that protects confidential communications between the attorney and the client (Trinity) to obtain legal advice. It prevents a lawyer from being compelled to testify about his/her client. This privilege aims to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral communications and protects individual and institutional clients. The privilege extends from the attorney to include legal office staff facilitating communications to and from the attorney. 

The attorney-client privilege does not apply to every communication with an attorney. For the privilege to exist, the communication must be to, from, or with an attorney and intend to be confidential. In addition, the communication must be to request or receive legal advice. For example, an email or memorandum from one administrator to another concerning a legal matter typically is not privileged because such email is not sent to or from an attorney to obtain legal advice. 

Your communications with the General Counsel or external counsel representing Trinity University should never be discussed with anyone outside Trinity University, including family members or friends. Within the University, such communication should be addressed only with persons responsible for the particular matter. 

Since the Office of the General Counsel is dedicated to the University as a whole, communications from individual employees to the General Counsel may be disclosed to other administrators or to external counsel retained to represent or advise the university on a “need to know” basis. 

Attorney Work Product

Attorney work product is closely related to attorney-client privilege. Broadly, attorney work products include documents, records, and the like compiled or produced at the counsel's request in anticipation of possible legal proceedings.

Correspondence with Copies to the General Counsel 

General correspondence does not become privileged because an attorney is listed among those receiving a copy or “blind” copy. If the author is attempting to convey the content of an attorney’s advice to others in the organization with a legitimate need to know, the correspondence is privileged as long as the document falls within the scope of protected written communications described above.

Communications in the Presence of a Third Party 

The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and are not protected by the privilege.

Authority to Execute Contracts on behalf of the University 

• Signature authority is limited to the President, Vice Presidents, General Counsel, Assistant and Associate Vice Presidents, and Risk Management.
   
• In addition, Designated Authorized Signators are authorized to sign unaltered University Contract Templates up to $10,000 ($25,000 for Facilities Services and Office of the University Architect) in accordance with the Designated Authorized Signators document. The signature of one of these officers or administrators is required on any contract binding the University.
   
• Generally, contracts should be signed by the VP whose area has authority over the type of service or product. For example, the university's chief information officer would sign technology, software licensing, maintenance, service, data sharing, and other IT-related agreements. 
   
• To the fullest extent permitted by law, the University accepts electronic signatures on contracts as legally binding and equivalent to a handwritten signature to signify an agreement.                   
   
• The University has established three levels of signature authority and approval that govern the execution of contracts on behalf of Trinity University. 
   

The University's Contacts with Legal Counsel Policy states that individuals should not contact outside lawyers regarding a new legal matter concerning Trinity University without the explicit approval of the University's General Counsel. The General Counsel is responsible for hiring and compensating external legal representation on behalf of Trinity University. If you feel that external legal representation is necessary for your particular matter, please contact the General Counsel. The General Counsel will assess the situation and decide if it's necessary or appropriate to involve outside legal counsel and, if so, which specific counsel to engage.

If you are contacted by an attorney regarding Trinity University business or your work for Trinity, please notify the General Counsel immediately. The General Counsel will work with you to determine what steps are necessary. Please do not speak or correspond directly with an attorney representing someone outside Trinity who is engaged in or threatening a lawsuit.

If an employee learns facts that may lead to a claim or lawsuit being filed against the University, the employee should immediately report the matter to the General Counsel.

The Office of General Counsel does not provide the Trinity University campus community notary services at this time. 

Federal law provides that student records are private; the confidentiality of student records is governed by the Family Educational Rights and Privacy Act (FERPA) and Trinity policy. You may not respond to any request for student records without first speaking with the Registrar’s Office or the Office of  General Counsel. For basic information about FERPA, see FERPA Policy.

• Report Property Damage, Loss, or Potential University Liability
• Contact TUPD at extension 7070 to file an Incident Report.
• Complete the Report of Incident or Non-Work-Related Injury form.
• Contact Risk Management to discuss options as soon as possible.
   
• Report a Work-Related Injury or Illness
   
• If you are having an emergency, go directly to an Urgent Care Center or the Emergency Room.
  • Go to Health Services (x8111) as soon as possible following the injury or illness.
  • Report the injury or illness to your Supervisor and ask that they complete the Supervisor’s Report of Injury Form.
  • Review the Workers’ Compensation Policy.
  • Submit all documentation to Risk Management for recordkeeping.

Trinity University’s Whistleblower Policy provides that all University community members are responsible for reporting fraudulent, dishonest, or illegal conduct involving University employees or resources.  

The University's official reporting channel for such matters, the Campus Conduct Hotline, is provided and managed by the University’s insurance provider to ensure confidentiality.  You can access the Campus Conduct Hotline’s confidential phone number (866-943-5787) or confidential website at www.lighthouse-services.com/CCH2562.  A confidential code is provided to the person reporting the incident whereby the caller can track the progress and resolution of the matter throughout the investigation process.

Trinity University utilizes Capital Services to accept service of process on behalf of the University. Individuals or entities seek to serve a subpoena or file a complaint against Trinity University, please direct all such requests to the university's Registered Agentee:

CAPITOL CORPORATE SERVICES, INC.
1501 S MOPAC EXPY STE 220 
AUSTIN TX 78746
@email 
800-345-4647

Trinity University staff and faculty cannot accept the service of legal documents on behalf of Trinity. If a process server attempts to serve you with documents, you should politely decline and direct the individual to the Office of General Counsel’s website. 

If you are served documents that name you personally in your official capacity, notify the General Counsel immediately and forward the documents to this office located in Northrup Hall, 4th Floor. The General Counsel will review the documents, determine necessary steps, and discuss your involvement with you, if any. 

If you are served with a subpoena or other legal document addressed to you concerning a non-Trinity University matter, you should seek the advice of personal counsel.

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.

Due to the role of the General Counsel at Trinity University, the office is unable to serve as personal counsel for university employees unless they are acting as representatives of the institution in specific legal matters. Additionally, the General Counsel cannot provide legal advice or representation to students.

As part of its mission to provide proactive legal support to the University, the Office of General Counsel offers training to Trinity University’s various departments on relevant legal matters. In addition to those areas in which training sessions have already been prepared, we are happy to work with interested departments in customizing training to meet specific needs.

Some examples of training that has been presented by OGC staff include:

• Family Educational Rights and Privacy Act (FERPA)
• University Policy Development Process
• Copyright Issues
• Freedom of Expression and Academic Freedom 

Additionally, you may contact our office if you have a special request or if you have suggestions for a legal topic at generalcounsel@trinity.edu.  

The General Counsel's Office is dedicated to safeguarding Trinity University's trademarks and copyrights, ensuring that the institution's intellectual property is protected against unauthorized use. For individuals seeking permission to use any university-owned trademarks or copyrighted materials, please direct your inquiries to the Strategic Communications and Marketing department. They are equipped to handle requests and provide the necessary authorizations, ensuring that all uses align with university policies and standards. Please contact the Office of General Counsel at 210-999-8906 or @email.

The General Counsel's office at Trinity University works closely with the Office of Risk Management and Insurance to identify, assess, and mitigate potential legal and operational risks. This collaboration ensures that the university's policies and procedures are aligned with legal standards and best practices, safeguarding the institution and its community. Together, they provide guidance on risk-related issues and implement strategies to manage and minimize exposure.

The Office of General Counsel at Trinity University collaborates with the Office of Equal Opportunity Services and Title IX to uphold the university's commitment to a fair and inclusive environment. This partnership ensures compliance with federal and state regulations, providing legal guidance on issues related to discrimination, harassment, and sexual misconduct. Together, they work to promote equity and protect the rights of all members of the university community.

The Trinity University Whistleblower Policy is designed to encourage and protect individuals who report unethical behavior, misconduct, or violations of university policies and laws. The policy ensures that whistleblowers are safeguarded against retaliation and that reported concerns are addressed promptly and thoroughly. Reports can be submitted confidentially through the university's designated reporting channels, such as an online reporting form or via the dedicated phone line at 1-866-943-5787.