About the Attorney-Client Privilege and UTRGV
The attorney-client privilege preserves the confidentiality of communications (whether written, oral, or electronic) between attorneys and their clients. This privilege protects both individuals and institutions, encouraging openness and honesty between clients and their attorneys. Communications between UTRGV personnel and attorneys employed in the Office of Legal Affairs for the purpose of obtaining legal advice related to UTRGV business are protected by the attorney-client privilege. Attorneys cannot reveal or be forced to reveal attorney-client communications in most situations. In the litigation context, this privilege becomes especially important because privileged communications are not disclosed to opposing parties.
To advise UTRGV personnel properly, UTRGV’s attorneys must have complete, timely knowledge of underlying facts. The attorney-client privilege (and the attorney work-product privilege) creates a protection of privacy so that UTRGV personnel can candidly inform our attorneys of all the facts, including any “bad” or “damaging” facts, in a confidential and privileged setting. This protection is given so that our clients can fully disclose sensitive information as necessary to receive complete and proper legal advice.
The attorney-client privilege does not apply to all communications between the Office of Legal Affairs and UTRGV personnel. Communications must be kept confidential for the privilege to apply. If UTRGV personnel do not follow the rules applicable to the privilege, the privilege can be inadvertently waived, and its protections lost. If the contents of an attorney-client communication between our attorneys and UTRGV personnel is disclosed to persons outside of UTRGV, or even to persons within UTRGV who do not have a “need to know,” the privilege may be waived. Accordingly, communications with our attorneys should never be discussed with anyone outside of UTRGV, including family members or friends. Within UTRGV, communications should be discussed only with persons who have responsibility for the particular matter.
Written communications, including email messages, should note that you are seeking legal advice and should clearly be labeled as “Privileged and Confidential – Attorney-Client Communication.”
- Who Serves as an “Attorney” at UTRGV?
Licensed attorneys reporting to the Chief Legal Officer of UTRGV are the only UTRGV employees who may provide legal advice on UTRGV matters. UTRGV may employ individuals holding law degrees or licensed to practice law in other, non-legal positions outside of the Office of Legal Affairs. Unless these individuals have a reporting relationship with the Chief Legal Officer, however, they are not authorized to act as attorneys on behalf of UTRGV, and information disclosed to these individuals is not privileged or protected from disclosure under the attorney-client privilege.
- Who Is a “Client” at UTRGV?
The Office of Legal Affairs represents UTRGV, and we do not (and cannot) represent any UTRGV personnel as individuals with respect to their institutional activities if their interests are opposed to UTRGV’s interests. In certain cases, an exception could apply where there is complete unity of interest and consent is provided by all involved parties, such as UTRGV personnel being sued for actions legally taken on behalf of the institution. Representation determinations in such cases are within the discretion and judgment of the Office of Legal Affairs.
If UTRGV personnel disclose personal information to one of our attorneys, this information is not privileged and is not protected from disclosure. Additionally, if the information relates to conduct harmful to UTRGV, the attorney must disclose the information to UTRGV’s administration.
None of the information on this web site is intended to be construed as or relied upon as legal advice. Please contact us for advice on specific matters.