The Special Counsel program is a flat-fee retainer arrangement.  This program is useful for colleges that want more of our time and consulting advice, or expert witness services, without the cost of regular daily and hourly fees.  It is especially attractive for campuses with long-term or large-scale projects.  For one campus, we are using the program for reviews of the student conduct code and faculty and staff manuals.  For another, we are reviewing all the emergency response and crisis protocols.  For yet another, the retainer has been used for a long-term student organizations risk management initiative.  Another is being used to create a four-year strategic curriculum on high-risk student health and safety issues. 

There are two options for how the program works:

In the first option, the college or university appoints Brett Sokolow "Special Counsel for Student Conduct Issues," “Special Counsel to the President or VP” or provides a similar title, to ensure that the protections of the lawyer-client relationship extend to the work that we do. A flat-fee retainer is paid, covering a one-year period. 

In the second option, Brett Sokolow serves the college or university as Special Advisor, though the relationship need not be a formal appointment.  While the relationship will not carry the lawyer-client privilege, it will have a consulting nature.  Most of the Special Advisor relationships are non-disclosed by clients wishing to maintain our relationship non-publicly. 

A flat-fee retainer is paid, covering a one-year period.  Once the retainer is in place, NCHERM provides:

• Risk management consultation by Brett Sokolow (and other NCHERM consultants, as you need them), on-site, for consulting work and/or student programming.  The minimum is a three-day retainer (three annual on-site visits), and the average for our retainer clients at present is five days.
• Access to our publication/video library.
• Comprehensive off-site consulting time, including by phone and e-mail, as you need it.
• Free registration to any NCHERM seminar or webinar.
• Access to NCHERM model codes, policies and procotols, such as our sexual assault response protocol, suicide protocol and behavioral intervention protocol.
• Commissioned reports, assessments, audits, investigations, policy/procedural reviews, etc.
• Legislation, Litigation and Compliance updates.

If there is a particular case or situation, just pick up the phone and call. If you have a question about a law, we're here to answer it. If you have a problem, we can help you to creatively problem-solve.  Currently, 17 campuses have NCHERM on retainer:

• Columbus State Community College (OH)
• Dominican University (IL)
• Elmhurst College (IL)
• Harrisburg Area Community College (PA)
• Hendrix College (AR)
• Howard Community College (MD)
• Illinois Wesleyan University (IL)
• Lake Forest College (IL)
• Northwestern Michigan College
• Saint Mary’s College  (IN)
• Salisbury University (MD)
• The University of Texas, San Antonio (TX)
• The US Air Force Academy (CO)
• Warren-Wilson College (NC)
• Non-disclosed New Jersey university
• Non-disclosed Texas college
• Non-disclosed Texas university

Please contact us to let us know if this program might be of interest to you, and we can share further details.

News from NCHERM: Recession-Friendly Retainer Program

We can let the economists and politicians debate whether we are really experiencing a recession.  Regardless, campuses are beginning to feel the pinch, and we are adjusting our retainer program to help meet your needs in an environment of potentially more limited resources.  Our Special Counsel Program, which now includes 16 campuses, starts at $16,500 for a year-long retainer that includes on-site visits.  As a more recession-friendly option, NCHERM is now offering three retainers that include only off-site consultation, and start at a more affordable $5,000 per year.  With our recession-friendly retainers, you’ll have access to our expertise by phone, email and fax any time you need it for an entire year.  Light document review is also included.  Here are the three new options:

• The Special Counsel off-site retainer makes all 6 of the NCHERM consultants available to you to address any student-affairs legal issue or best practice question for a period of one year.
• The Academic Counsel off-site retainer makes NCHERM partner W. Scott Lewis, JD, available to your campus for a year for any academic-related question, including academic integrity issues, academic honor codes, classroom disruption consultation, and classroom management advice. 
• The Behavioral Intervention off-site retainer gives your campus behavioral intervention team (BIT, CARE, TAT or whatever you call yours) access to all 6 of the NCHERM experts for advice on team formation, team development and operation, team protocols, threat assessment consultation, communication and confidentiality best practices, timely warnings, and other BIT-related matters for a period of one year.

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