The University of Toronto has a robust legal team situated within the Office of University Counsel (“OUC”).  The OUC team has a wide range of legal expertise intended to address the deep complexity of the University’s landscape.  In addition to this stellar in-house team, the University retains a relatively small number of very experienced and well-regarded external law firms to provide expert legal services in matters that have been determined to be more appropriately dealt with by external counsel. These matters generally require a specific legal expertise not found within the in-house team or involve a volume of work not manageable by the OUC team.

External legal service retainers may only be made through the OUC as it is the office accountable for the provision of legal services across the University.  OUC will negotiate the terms of the retainer with the external firm so to ensure that the University’s public funds are used appropriately.  OUC will ensure that appropriate counsel are assigned to the file and that the terms of the retainer are clear in scope and focus.  OUC’s legal fund will cover external legal costs if, and only if, the retainers with counsel are appropriately approved.  External counsel have been directed to confirm University retainers with the OUC if the original retainer was done by someone outside the OUC.  If this confirmation is not obtained, it is possible that the OUC will not cover the legal invoices generated on the matter.

The University does not, generally, use a tendering process for external legal services due to the specialty legal expertise required. Notwithstanding this, in view of the reliance of the University on public funds and grants of various kinds to support many of its activities, it places a great deal of weight on the professional relationship its internal counsel have with external counsel, and its trust that external counsel will provide the best legal services possible, in an ethical manner that is fully consistent with the University’s mission and values. Moreover, it expects external counsel to ensure that fees and disbursements are reasonable, fair and transparent.

You should expect that OUC counsel will take an active role in matters that have external counsel retained.  OUC views these retainers as partnerships and will aim to work alongside counsel to ensure that legal services are provided in an aligned, holistic and coordinated manner.  One of the early conversations with external counsel will be to confirm who the University’s instructing  client will be and what role the OUC will take.  This is to ensure that external counsel knows who to report updates to and who is to be contacted for instructions on matters.   It is the expectation that external counsel will keep the University up-to-date on all legal files and to ensure that there is appropriate consultation at all materials times.  OUC will be involved in the review of any written submissions or significant strategic decisions. 

Another important role of the OUC is where there are concerns or conflict with an external legal counsel.  The OUC can assist in working with you to address concerns or to manage conflicts in order to ensure that the services are providing the level of support required in any matter.