Jacobs performs many functions as Tufts' legal counsel

Unbeknownst to many students, the Tufts Office of General Counsel plays a vital role in the University's operation _ despite its having just one employee.

The General Counsel employs Attorney Mary Lee Jacobs as the University's first contact for any legal questions that may arise at Tufts. But the role of the General Counsel is not limited to consult solely during the judicial process. Jacobs is available for consultation from any University official, from casual advice to formal hearings.

Jacobs works with officials at all Tufts campuses on a range of subjects _ from contract law to employment benefit issues. If the University is subject to any criminal or legal action, the Office of the General Counsel would serve as the basis for the school's defense.

All major universities have similar offices _ although some schools employ multiple lawyers.

Hiring outside lawyers can be a significant expense for Tufts. During the 2000 fiscal year, the latest for which figures are available, the school spent over $2 million on outside firms. The expenses include firms that specialize in real estate and patent law. The largest amount, $1.6 million, went to the local firm of Nutter, McClennen, & Fish.

The General Counsel Office works on an as-needed basis, and begins to look into an issue when contacted. Recent projects have included working with the Associate Provost for Research Peggy Newell on grant and contract procedures.

The Dean of Students Office primarily works with the counsel to keep Tufts within current legislation. Each year hundreds of changes in state, national, and local law affect policy at the University.

"There is room for interpretation in the statues. What we need to know from counsel is what the absolute mandates that private institutions face and we then work inside those guidelines," Dean of Students Bruce Reitman said.

The General Counsel is in frequent contact with the Judicial Affairs Office. The two offices work primarily on issues that arise during the student discipline process. Jacobs takes on a strictly advisory role during the school's disciplinary process, serving on no committees or regularly scheduled meetings in the Dean of Students office. Any information disclosed by the University is protected under Attorney-Client Privilege.

An attorney representing the University is present at all hearings where one party has hired a lawyer as their advocate, according to the Dean of Judicial Affairs Veronica Carter. The Dean of Students Office can also request the services of an attorney at any hearing, and has done so in the past during "complicated" or "technical" cases.

Attorneys can be hired at the student's expense to consult and help prepare an argument. Their role is the same as any other advocate, with active participation at the hearing limited to a closing statement summarizing their side's arguments. According to Jacobs, attorneys typically are not hired but they can be especially during higher profile cases. The Judicial handbook recommends students consider attorneys when "subsequent action in the court system is a possibility."

There has been discussion about the providing students with attorneys, but the University has ultimately decided against it, Carter said. Instead, a revised advocate system has been put into place, where a list of potential student and faculty advocates will be provided among request. These are not "trained advocates," Carter said, but people who are familiar with the Student Judicial Process handbook and are willing to assist someone in a hearing. There will be a screening process of the students and faculty before they are placed on the list.

At the hearings, the University's attorney, who can be Jacobs or another attorney from a private firm, serves in a completely advisory role. "I can be asked questions during a hearing," Jacobs said, "I advise the University of the Legal Ramifications of any questions that may arise during a hearing." Other attorneys have been hired by the Office of General Counsel to represent the University in the past.

While Jacobs is the sole attorney employed by the Office of the General Counsel, she often employs other lawyers on many cases. The number of consultations forces the University to employ other outside attorneys, Jacobs said, especially given that today's law is growing increasingly complex, especially in real estate and patents.

Other schools have different arrangements. The University of Houston has seven attorneys on staff, including ones who handles intellectual property and real estate law exclusively. Harvard's general council is also one of the five vice presidents of the University.

Jacobs sees her ability to hire different firms as an asset of the office. Being able to have specialists in many different fields at the same time gives the University flexibility and the ability to deal with any problems that may arise.

"I think this is a very good model for us, I've never asked a question and not received an answer either from Counsel Jacobs or someone she employs," Reitman said. "Even those institutions that have multiple attorneys on staff the range of expertise does not cover everything that arises."

Despite the accessibility of the General Counsel, the University officials have solved many matters internally. An example of an issue for which the office has not been contacted is File Sharing and recent banning of students off the network for sharing copyrighted materials. The University could potentially be held liable since the material was downloaded off Tufts' servers.