How to request independent legal advice
Contact the Vice President, Research and International or delegate to initiate a request for University funded independent legal advice.
A researcher’s request should include a brief description of the situation, the nature of their research and a copy of any documents that they believe will help to determine whether legal advice is needed.
The VPRI or delegate will arrange to meet with the researcher to discuss the situation. The researcher will likely be asked to provide additional documentation, such as a description of any assurances that have been or will be provided to participants during the information and consent process.
In an urgent situation, (e.g., the researcher is facing an immediate demand to turn over research records), and the VPRI or delegate is unavailable, the researcher should attempt to make contact with Ian Milligan or Legal and Immigration Services.
What happens after a request for independent legal advice is made
- The researcher’s request for funding to obtain independent legal advice will be reviewed by the Vice President, Research and International.
- If approved, the researcher will be provided with a list of lawyers with known expertise in this field. The researcher may select which lawyer to approach from the list. If the researcher wishes to approach a lawyer of their own choosing, they will be asked to provide evidence that the lawyer has sufficient expertise to provide advice in this area of law.
- Legal costs can rapidly get out of control. Lawyers are always willing to respond to emails and phone calls but will bill for every communication. For this reason, the researcher will be required to submit regular statements of costs and at some stage may review the need for continued legal support.
- If the researcher chooses not to seek independent legal advice after their request has been approved, they will be asked to sign an acknowledgement to this effect so that the University can verify its compliance with Tri-Council policy. At a later stage, the researcher may change their mind and approach the VPIR or delegate again to request independent legal advice.
- Once the researcher has obtained legal advice, they will be asked to provide to the VPIR or delegate verification from the lawyer in the form of a Certificate of Independent Legal Advice.
- If the researcher’s request for funding to obtain independent legal advice is denied, they may challenge the decision of the Vice President, Research and International through the appropriate grievance process. The process for doing so can be found in the Memorandum of Agreement – UW/FAUW, Article 9.
Why the University can’t provide this legal advice
The lawyers in the Office of General Counsel provide advice to the University as an institution. The position of the Tri-Council is that researchers require access to legal advice that is at arm’s length from the institution and institutional concerns.
However, the University may provide basic information in order to help the researcher explore the implications of issues with their lawyer. Contact will still proceed through the VPIR or delegate and care will be taken to ensure that any information provided is not construed as a legal interpretation or legal advice.
The researcher’s receipt of information from the Office of General Counsel does not compromise their ability to access funding for independent legal advice.