Office of Legal Affairs and Labor Relations

The Office of Legal Affairs and Labor Relations provides legal counsel to the college, fostering sound decision-making and creative problem-solving in all areas of operation, research, and administration.  We are committed to:

• providing high-quality legal services in a responsible, helpful, and timely manner;
• protecting and promoting the values and interests of the college, including compliance with its obligations;
• minimizing legal risks and costs; and
• addressing and resolving legal disputes.

Our office also manages the employee grievance and disciplinary procedures at the college level and works with CUNY’s Office of General Counsel to represent the college’s interest at all levels of appeal.

We serve as the college’s Records Access Office and Ethics Office.

Note that the office does not provide personal legal services to students, staff, or faculty.

Bios

Sarah Luke, Executive Legal Counsel and Labor Designee

With more than 15 years of progressive legal experience in higher education, Sarah Luke is an active member of the National Association of College and University Attorneys and a frequent presenter at both regional and national conferences on the law of higher education. Luke is a graduate of the University of Michigan Law School and holds a bachelor’s degree in psychology, with high distinction, from the University of Michigan—Ann Arbor. She is admitted to practice in New York, New Jersey, and Michigan.

Attorney-Client Privilege

The attorney-client privilege is one of the oldest and most respected privileges in American jurisprudence. It prevents a lawyer from being compelled to testify against his or her client. The purpose underlying this privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral communications and protects both individual and institutional clients.

For the privilege to exist, the communication must be:

• to, from, or with an attorney;
• made for the purpose of requesting or receiving legal advice; and
• kept confidential.

Specific Situations Not Covered by the Attorney Client Privilege

• Lawyer in the Room—Sometimes a lawyer is called upon to participate in activities that do not necessarily call for specific legal advice or representation. In those contexts, the attorney-client privilege may not apply. A meeting that legal counsel attends is not protected just because a lawyer is in the room.
• Documents Given to an Attorney—Documents do not automatically become privileged simply because they are given to or reviewed by an attorney. An existing, nonprivileged document that is forwarded to an attorney does not then become privileged.
• Correspondence With Copies to an Attorney—General correspondence does not become privileged because an attorney is listed among those receiving a copy or “blind” copy.
• Communications in the Presence of a Third Party—The privilege extends only to communications that the client intends to be confidential. Communications made in nonprivate settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and are not protected by the privilege.
• Communications With a Nonpracticing Attorney—The attorney-client privilege does not protect communications between individuals and attorneys who are not engaged in the practice of law or who are serving in non-attorney roles.

Attorney Work-Product

Attorney work-product includes documents, records, and the like that are compiled or produced at the request of counsel in anticipation of litigation. Privilege extends to attorney work-product.