Payment of Outside Legal Fees and Expenses

PRINCIPLE

• Subject to the provisions of Arizona Board of Regents Policy 3-803 and this policy, only the Vice President for University Administration and General Counsel or authorized designee has the authority to retain outside legal counsel when in his/her professional judgment it would best serve the needs of the University. The Vice President for University Administration and General Counsel shall pay or cause the payment of all outside legal services (including attorney fees and related expenses) in accordance with these policies.

FUNDING

1. The Associate Vice President for Finance and Treasurer will establish a local account, funded by General University Funds on July 1 of each fiscal year, through which the Office of General Counsel will pay all costs of outside legal services not provided for in Paragraph (2) below. This account is to be funded at the beginning of each fiscal year through the annual budgetary process and, if additional funds are required to meet the ordinary and/or necessary legal needs of ASU, the Vice President for University Administration and General Counsel shall submit such a request for additional funds to the Office of Planning and Budget.

2. Under the following circumstances, at the discretion of the Vice President for University Administration and General Counsel, the affected administrative area shall pay directly the cost of legal services upon receipt of a billing statement from the Office of General Counsel:
   1. If the legal services relate to an auxiliary enterprise designated by the Office of Planning and Budget as responsible for the payment of legal fees; or
   2. If the legal services relate to personnel litigation within a specific administrative area; or
   3. When the Vice President for University Administration and General Counsel or authorized designee and the appropriate administrator agree to do so.

3. The Trademark Licensing Office (TLO) shall pay all costs of trademark licensing including legal fees, registration fees and costs of defense related to the official trademarks of ASU and all trademarks which generate revenue administered through TLO. Such legal fees and related costs are subject to review and approval by the Vice President for University Administration and General Counsel or authorized designee. Legal fees and costs for trademark representation other than the foregoing shall be the responsibility of the administrative area seeking such trademark protection unless the Vice President for University Administration and General Counsel determines that an exception to this policy is necessary and appropriate.

4. General University Funds will cover those costs associated with situations not addressed by (2) above.

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