Research Administration Office

University of California

Memo

No. 13-74

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


April 17, 1974

VICE PRESIDENT-ADMINISTRATION JOHN A. PERKINS

417 University Hall

PRESIDENT CHARLES J. HITCH

VICE PRESIDENTS

CHANCELLORS

LABORATORY DIRECTORS

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

Secretary Woolman

ATTACHMENT 2 TO C& G MEMO 13-74