The University of California
Office of the Vice President--Administration
May 31, 1974
I-2. Maintaining Confidentiality of Opinions from General Counsel's Office
The attached letter from General Counsel Reidhaar to President Hitch, dated April 17, 1974, on disclosure of legal opinions to third parties outside the University is provided for your information.
Refer: Willie Archie, 2-2593
Index: Legal Policy
VICE PRESIDENT-ADMINISTRATION JOHN A. PERKINS
417 University Hall
PRESIDENT CHARLES J. HITCH
Re: Maintaining Confidentiality of Opinions from the General Counsel's Office
From time to time University employees make copies of opinions furnished by the Office of the General Counsel available to persons outside the University. Oftentimes this is in the University's interest. It should be recognized, however, that the attorney-client privilege (which applies to all opinions furnished by this office to University officials) normally is lost when opinions are disclosed to third parties. Thus, if an opinion contains a candid discussion of the University's legal vulnerability as regards a particular matter or other
information which would be helpful to an adversary in a given case, loss of the attorney-client privilege as to the particular opinion could entail serious legs! consequences for the University.
I suggest, therefore, that you and your staffs follow the practice of checking with this office before releasing to a third party any opinions issued by the Office of the General Counsel. In the usual case it would be appropriate to contact the attorney who signed the opinion although you should not hesitate to call me directly.
Your cooperation will be greatly appreciated. Please let me know if you have any questions regarding this matter.
Donald L. Reidhaar General Counsel
cc: Treasurer Hammond
ATTACHMENT 2 TO C& G MEMO 13-74