Deals like Senator's rare at Va. universities

The College of William and Mary is unusual if not unique among Virginia state universities in its policy of hiring legal advisers who don't answer to the state attorney general. // The latest such adviser at William and Mary is state Sen. Tommy Norment, R-James City County, who since July 2008 has had a

$160,000-a-year job there as a legal counselor and part-time instructor.

The school's practice of hiring its own lawyers dates back years but has come under new scrutiny since Norment, a senior lawmaker and key player in steering state funds to the college, was hired.

Inquiries at other state schools Wednesday turned up none that follows such a policy.

Spokesmen at the University of Virginia, Virginia Tech and Old Dominion University, all larger schools than William and Mary, said their legal work is handled by attorneys who - while they are based on campus and are paid by the individual schools - answer to Attorney General Bill Mims.

U.Va. does have some employees with law degrees in administrative positions, spokeswoman Carol Wood said in an e-mail. "But these individuals were not hired to advise the University on legal matters, nor do they function as attorneys in their daily work here."

Occasionally, said Tech spokesman Larry Hincker, the university may turn to outside counsel when special expertise is needed - on a trademark issue, for example. But in those cases, the lawyer is hired by the attorney general and works under his purview and direction.

Mims' office and William and Mary put out dueling statements Tuesday on whether the practice followed at the Williamsburg school is allowed under state law.

Mims said that only attorneys serving under his authority can provide legal representation to a state school in a privileged attorney-client relationship. A William and Mary spokesman said the college believes that the advice it gets from its inside lawyers is privileged as well.

If, when and how that conflict will be resolved was unclear Wednesday.

Mims' office declined to disclose any communications it has had with William and Mary on the issue, citing attorney-client privilege.

Martin Kent, Mims' chief deputy, said Mims' position is rooted in the state constitution and law.

"Are there state agencies, colleges, non college state agencies, that employ individuals who are attorneys? The answer to that question is yes, there are some that do," Kent said. "But there is a distinction between having someone who has a law degree on your staff that may be doing work for you and someone who is providing you advice in an attorney-client relationship.

"The attorney general is deigned to be the clearinghouse for legal advice to state agencies.... For whatever reason, the General Assembly saw fit that it come through one entity, and that's us."

William and Mary President Taylor Reveley, in an e-mail message to faculty and staff Tuesday, showed no signs of backing down.

"As the range and complexity of the legal issues arising on campuses have grown, it has become crucial," he wrote, that the college tap the expertise of Norment and other in-house lawyers to supplement the services provided by Mims' office.

Bill Sizemore, (757) 446-2276, bill.sizemore@pilotonline.com