Outside Counsel Contracts & Invoice Procedures
As of 9/1/2019 the UT Office of General Counsel delegated the Chief Legal Officer of each institution the authority and responsibility of handling all Outside Counsel invoices for approval by the Texas Attorney General's office.This arrangement is formalized under UT System Regents' Rule 10501, (Sec.2.1 & 2.8). Under Rule 10501 (Sec. 1.3) the delegated authority may not be further delegated.
Once the Office of Legal Affairs ("Legal") obtains the required information from the respective client department, it processes the invoice to the Attorney General ("AG"). Upon the AG's approval, Legal will submit a voucher for payment to the UTSA Disbursements office.
Outside Counsel Contracts
***Requests to retain new outside counsel must be submitted to Legal Affairs***
- Texas Government Code §402.0212 authorizes the Attorney General (AG) to develop procedures for the use of outside counsel and determines the extent to which legal services can and should be provided by outside counsel
- The AG must approve requests to retain outside counsel and outside counsel contracts, prior to legal services being performed, and has adopted administrative rules related to the retention and contracting of outside legal counsel. Title 1, Chapter 57 of the Texas Administrative Code
- UT System’s Office of General Counsel coordinates the contracts and sends copies to UT component Chief Legal Officers. https://www.utsystem.edu/offices/general-counsel/outside-counsel
Invoices for Legal Services & Expenses
Legal must review and process all invoices in order to be in compliance with:
(b) If the Agency determines that the submitted Invoice is correct and complete, and should be paid, the Agency's chief administrator or their designee must:
(1) approve the Invoice;
(2) verify that the requirements in subsection (a)(1) - (5) of this section have been met and attest to that verification with his or her signature;
(3) submit the Invoice and other required information to the Office of the Attorney General pursuant to §57.8(b) of this chapter; and
(4) if necessary, enter relevant information into the Uniform Statewide Accounting System.
(a) An Invoice may not be paid without the prior approval of the Office of the Attorney General.
(b) If the Agency approves an Invoice, or a portion of an Invoice, pursuant to §57.7(b) of this chapter, the Agency must submit the following information to the Office of the Attorney General within ten (10) business days of receiving the Invoice from Outside Counsel
(b) An invoice submitted to a state agency under a contract for legal services as described by Subsection (a) must be:
(1) submitted to the attorney general by the agency's office of general counsel not later than the 25th day after the date the agency receives the invoice except as provided by Subsection (b-2); and
(2) reviewed by the attorney general only to determine whether the legal services for which the agency is billed were performed within the term of the contract and are within the scope of the legal services authorized by the contract and are therefore eligible for payment.
UTSA Procedures for Outside Counsel Invoices
**Invoices are to be emailed directly to Legal Affairs from Outside Counsel for review & processing.**
- Email: UTSAOCCinvoice@utsa.edu
- Bill to: Office of Legal Affairs
1 UTSA Circle
San Antonio, Texas 78249
Attn: Venu Nair, Interim Chief Legal Officer
1) Legal sends invoice to the respective client department* to gather required information as follows:
- Confirmation of services received
- Any additional 3rd party payments sent to Outside Counsel
- Cost Code
(* for Immigration Counsel, Legal will route through International Services to gather required information and then relay back to Legal)
2) Legal completes review in accordance with AG rules
- Requests corrections from the Outside Counsel, if applicable
- Ex: limitation of liability amount, contract number, taxes removed, timekeeper classifications, fee schedule amounts, expense receipts, etc.
3) Legal documents expense amounts in UT System database, as required for state reporting purposes
4) Legal submits invoice to the AG for approval
5) Upon AG approval, Legal creates a voucher for payment at UTSA (requiring departmental approvals)
6) Legal submits voucher request to UTSA Disbursements to pay and complete the process