THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
OFFICE OF THE GENERAL COUNSEL
AN OVERVIEW
The Bylaws of The Regents provide:
The General Counsel and Vice President for Legal Affairs, who shall also be an Officer of the University, shall be the chief legal officer of the University; shall have general charge of all legal matters pertaining to the Corporation and the University; shall attend meetings of the Board and its Committees; shall represent the Corporation in all legal proceedings; shall advise the Corporation, its Committees and Officers, the President of the University, University Officers, and Officers of the Academic Senate on legal questions as may be required; and shall, subject to the direction of the President of the University, oversee the provision of all legal services to the University. (Regents' Bylaw 21.2)
Prior to 1954, legal services for the University were provided by retained counsel. The title Counsel of The Regents was established in 1877. The first attorney to hold that position was Henry H. Haight, who had signed the Organic Act creating the University of California while Governor of the State in 1868. John U. Calkins, Jr., held the position of Attorney for The Regents from 1923 to 1955. In 1954, Mr. Calkins, accompanied by Ashley H. Conard and John E. Landon, withdrew from his San Francisco law firm and established the Office of Attorney for The Regents within the University.
The following year, Mr. Calkins retired and was succeeded by Thomas J. Cunningham, then a Judge of the Los Angeles Superior Court, who upon assuming office became the first General Counsel of The Regents. Mr. Cunningham retired in 1973 after having presided over the legal affairs of the University in a period marked by rapid growth and development of new campuses. During his tenure, the number of attorneys in the office increased from three to fifteen. Donald L. Reidhaar held the position of General Counsel from July 1, 1973, until his death in December 1985. Then-Deputy General Counsel James E. Holst became acting General Counsel, and subsequently General Counsel in June 1986. He served through June 2006. Jeffrey A. Blair, an attorney in the General Counsel's Office, served as Acting General Counsel until the appointment of Charles Robinson, who became General Counsel in January 2007. Mr. Robinson had been the General Counsel of the California Independent System Operator.
The General Counsel is a principal officer of The Regents. The General Counsel attends and participates in all meetings of The Regents and reports at each meeting to the Committee on Finance on current legal issues and significant developments in litigation. From time to time, the General Counsel seeks authorization from the Board with respect to initiation and settlement of litigation. In addition, the Board may on occasion be called upon for a policy decision on litigation or possible litigation. In other circumstances, the General Counsel acts pursuant to his general charge with respect to University legal matters or specifically delegated authority.
The Office of the General Counsel is now the equivalent of a medium-sized law firm providing a full range of legal services to the entire University consisting of ten campuses, five medical schools and teaching hospitals, management or co-management of three major research laboratories, and over 150,000 employees.
The Oakland office is organized into five sections: (1) business transactions and land use, (2) educational affairs and campus services, (3) health law and medical center services, (4) litigation, labor and employment, and (5) governance and compliance. Attorneys in these sections are subject-matter experts in relevant specialties. Campus and Medical Center-based attorneys provide advice and counsel to senior management and others on the campuses and at the Medical Centers on a broad range of legal issues, working as needed in coordination with Oakland attorneys.
Attorneys within the office are members of the National Association of College and University attorneys (NACUA), an organization encompassing approximately 650 institutional members. NACUA is an excellent means of keeping informed of current legal developments pertaining to colleges and universities, not only through its publications and annual conferences, but also through contacts with counterparts at other universities. Attorneys in the office are encouraged to participate in continuing education programs including, in particular, those presented by Continuing Education of the Bar (CEB), which is a joint University-State Bar of California program.
The mission of the Office of the General Counsel is, in short, to act as legal counsel for the multifaceted institution which is the University of California. Although the ultimate client is the corporate entity, The Regents of the University of California, all University officials are, in reality, the clients of the office. In carrying out its work, the office seeks to be alert to legal risks presented by proposed courses of action while being sensitive to the responsibility of the University administration to determine what level of legal risk is ultimately acceptable. Moreover, the office emphasizes the need for innovation and creativity in assisting University managers in developing new and useful approaches to the issues and opportunities confronting the institution. To this end, emphasis is placed on early involvement in emerging issues and activities. The objective is to provide legal services of a quality commensurate with the University's commitment to excellence in all of its activities.