Engaging Legal Representation Policy - Northern Michigan University

This procedure describes protocols for when NMU initiates contact with legal counsel. The receipt of a court summons, subpoena, complaint, or other legal document, as well as verbal notification that NMU is being sued, is addressed in a separate policy: Handling of a Court Summons, Subpoena, Complaint, Legal Document, or Notice of Intent to take Legal Action Policy.

Initial contact with General Counsel or Other Firms:

Miller Canfield serves as external General Counsel for Northern Michigan University. Miller Canfield does not represent individual staff, faculty or student members. Certain positions, such as those in Equal Opportunity and the NMU Police Department may have regular contact with General Counsel as part of their job functions. Faculty and staff who do not have regular contact with General Counsel as part of their written job descriptions must still obtain Vice President’s or President’s approval before contacting the General Counsel’s office. 

The only exception is documented in the Relationship Violence, Sexual Misconduct, and Stalking Policy. That policy defines a pathway for reporting administrative or personnel conflict related to sexual misconduct, relationship violence and/or stalking. It states: 

If you have any concerns of an administrative or personnel conflict regarding your report, you may alternatively contact: (906) 227-2272 or crcomplaint@nmu.edu and indicate whether you want to speak to NMU's General Counsel, Board Chair; or Board Vice-Chair.

Contracting with Legal Representation outside General Counsel:

In addition to the permissions required by policy, contracting with outside counsel will require specific recordkeeping and payment protocols. When it is  necessary to engage with firms other than Miller Canfield, approvals must be received from the Vice President for Finance and Administration; this requirement is necessary so that NMU’s insurance carriers and external auditors will be properly informed. The Executive Administrative Specialist in Finance and Administration will guide University staff in the specific protocols required for pre-approval from NMU’s insurance carrier, indemnification and payment, and recordkeeping. 

Contract Review:
As General Counsel, Miller Canfield performs a comprehensive legal examination of university contracts.  See the Contract Review Policy and Procedure. 

Recordkeeping:
As General Counsel, Miller Canfield is the primary record-keeper for the University’s legal records.

As a secondary control, when corresponding with university attorneys in writing, a copy of all correspondence must be sent to the Office of the Vice President for Finance and Administration who maintains confidential university attorney-client privileged records. 

E-mail correspondence with General Counsel:
Those with recurring contact as part of their job descriptions will have their own recordkeeping protocols that correspond to legal and regulatory requirements. 

Occasionally, other University staff may seek General Counsel guidance on issues such as regulatory changes and policy review. Those seeking occasional guidance will notify the Executive Administrative Specialist in Finance and Administration and receive acknowledgment of authorization before contacting General Counsel. After authorization is received, cc all email correspondence with the Executive Administrative Specialist.