Office of University Counsel

MSC05 3440
1 University of New Mexico
Albuquerque, NM 87131-0001

Physical Location:
Scholes Hall
Room 208

Phone: (505) 277-5035
Fax: (505) 277-4154

FAQ

The information presented on this site is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship.

  1. What should I do if someone asks me to accept legal papers (i.e. summons or subpoena) on behalf of UNM?
  2. Who can accept Service of Process for UNM?
  3. Can my department hire outside counsel?
  4. Can I request legal services?
  5. What should I do if I receive correspondence from an attorney asserting a claim against me (in my professional capacity), my department, or UNM?
  6. What should I do if I receive a request for a student's educational records?
  7. What should I do if I receive a request for public records?
  8. How do I get permission to use UNM trademarks or logos?
  9. How do I get permission to film or photograph on campus?
  10. What should I do if a company asks me to sign a confidentiality agreement?
  11. How can I get assistance with contract review?
  12. Who can sign a contract on behalf of UNM?
  13. How can I get assistance with personal legal problems?
  14. How can I get a document notarized?
What should I do if someone asks me to accept legal papers (i.e. summons or subpoena) on behalf of UNM?

You should refuse to accept these documents and send the person to the OUC in Scholes Hall, Room 208. You should then call the OUC (505-277-5035) to alert us that someone is coming over with legal documents. If you receive a summons or subpoena in the mail or mistakenly accept one from a process server, please contact the OUC immediately.  Note that a delay in responding to these documents could have serious legal consequences for UNM.

Who can accept Service of Process for UNM?

An attorney in the OUC may accept properly made service of process on behalf of the Regents of the University of New Mexico. However, if a member of the UNM community is being sued in his/her personal capacity, typically that individual must be served personally. 

Can my department hire outside counsel?

The retention of outside counsel must be processed through the OUC in accordance with Regent Policy 2.16. No component of the University may retain or employ outside counsel except with the prior approval of the University President, or, in the case of Health Sciences Center legal matters, the Chancellor for Health Sciences. 
Request for Outside Counsel Approval Form

Can I request legal services?

The University's Regents, President, Provost, Vice Presidents, Deans, and Directors are authorized to seek legal service directly from the Office of University Counsel. Other members of the University community, including faculty, staff, and students, seeking legal advice concerning University business, should have their request reviewed by the appropriate supervisor and forwarded to the Office of University Counsel by one of the officers above.  More specifically, for UNM Hospital matters, the Chief Executive Officer for UNM Hospital is authorized to seek legal service directly from the Office of University Counsel.  For UNM Health System matters, the Health Systems Chief Operations Officer, Chief Clinical Affairs Officer, Chief Administrative Officers, and Compliance Officers are authorized to seek legal service directly from the Office of University Counsel.    

What should I do if I receive correspondence from an attorney asserting a claim against me (in my professional capacity), my department, or UNM?

You should immediately call the OUC at 277-5035 and fax all such legal correspondence to the OUC at 277-4134. The original document can be picked up by an OUC staff member. For UNM Hospital and HSC, you should contact the North Campus OUC office at 272-2377 and fax all such correspondence to 272-1938.

What should I do if I receive a request for a student's educational records?

Federal law and UNM policy governs the confidentiality of student records. Do not respond to any request for student records without speaking first to an attorney in the OUC or to the Office of the Registrar.
See FERPA laws here.

What should I do if I receive a request for public records?

The process for responding to a New Mexico Inspection of Public Records Act (IRPA) request is outlined at http://publicrecords.unm.edu/ and http://publicrecords.unm.edu/faq.html#section-1-item-4. Please contact the Custodian of Public Records, John Rodriguez, at  277-2440 or unmipra@salud.unm.edu before responding to any IRPA request. 

How do I get permission to use UNM trademarks or logos?

You should direct all questions regarding licensing of UNM's trademarks for use on goods to Brad Hutchins, Associate AD/Marketing, Sales & Communications.
For more information see Licensing Guidelines

How do I get permission to film or photograph on campus?

You should direct all questions regarding commercial filming activities to the University Event Coordinator with the University Conference and Events Office (UCEO) at 505-277-5706 to coordinate your film or photo shoot. UCEO screens and processes all requests to film on campus and coordinates with all campus units. News photography does not require a permit but should be coordinated through University Communication and Marketing (UCAM), HSC Public Affairs or the UNM Sports Information Director. Details on the UCAM website

What should I do if a company asks me to sign a confidentiality agreement?

Who to contact if you have been asked to sign a nondisclosure or confidentiality agreement ("NDA") depends upon the nature of the relationship with the company presenting the NDA. If the NDA is in connection with your review of equipment or software before making a purchase on behalf of UNM, the OUC is the office to contact. If the NDA relates to UNM research, you should contact your Contract Administrator in the Office of Sponsored Research. If the agreement relates to a UNM invention, you should contact STC.UNM. If the agreement is connected with consulting work that you perform, you will need to speak to a personal attorney as the OUC does not provide legal advice or representation to UNM community members in connection with personal legal issues. 

How can I get assistance with contract review?

You should first complete a contract review form, a copy of which is attached to University Business Policies and Procedures Manual (UBPPM) Policy 2010 as an exhibit [Exhibit C].

Who can sign a contract on behalf of UNM?

The answer depends upon the nature of contract. You should contact UNM’s Procurement Office if you are buying equipment, software, consulting services, or any other type of purchase on UNM’s behalf; the Office of Sponsored Research if the contract relates to a research program, proposed research collaboration, or the acquisition of biological or other materials needed for your research (for example, a material transfer agreement); or STC.UNM if the contract relates to the license of UNM’s intellectual property. If it is unclear whom to contact, the OUC would be happy to assist you. Please note that UBPPM 2010 designates who is authorized to sign contracts on behalf of the University. Contracts may be signed on behalf of the University only by:

  • A person in a position specifically authorized by the University Board of Regents.
  • The Chancellor for Health Sciences, an executive vice president, Provost, or vice president to whom the President has delegated the authority delegated to the President by the Board of Regents, as specified herein.
  • The Chief Procurement Officer and Vice President for Human Resources, as specified herein.
  • A person who has received a sub-delegation in accordance with this policy.

Before you pass the contract on to the appropriate office for review, you should first read the contract carefully to identify any terms you think may be inconsistent with your goals.  

How can I get assistance with personal legal problems?

The OUC can only provide legal services and counseling on behalf of UNM.  Please consult the Resources page for options.

How can I get a document notarized?

There are a number of notaries at the OUC. Please contact either office in advance to make an appointment to have your document notarized. For Main Campus, call 277.5035 and for North Campus, call 272.2377 and ask for a notary.