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THE UNIVERSITY OF NORTH CAROLINA
General Administration
CHAPEL HILL 27514
June 18, 1973
Dean James Allen
Dean of Students
The University of North Carolina
at Greensboro
Greensboro, North Carolina 27412
Dear Jim:
In response to your inquiry of week before last concerning the propriety of
student government payment of attorney fees, I have procured a copy of an
opinion letter issued by the Attorney General on June 12, 1973, which is
enclosed.
Some of the language used, particularly that relating to the "agency" status
of student government is troublesome, as it might be applied in several contexts
other than the one in which you have expressed interest. That aside, the opinion
is that student government is covered by those provisions in the General Statutes
which make the Attorney General the counsel for all State agencies.
I believe that nothing in this opinion would have the effect of barring individuals
from employing an attorney, either for representation of their personal interests
or the interests of an organization of which they are members; the critical point
appears to be that those individuals would have to assume responsibility for
paying any legal fees incurred, consistent with the theory that the attorney
would be employed by and in fact functioning on behalf of the individuals rather
than the organization per se.
If you have questions, please let me know. I hope you had a refreshing
vacation. See you soon.
Sincerely,
Civil Rights Greensboro
