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Friday, May 29, 1998

UCLA won't settle for increase in lawsuits

ADMINISTRATION: Legal affairs investigates cases ranging from malpractice to personnel claims

By Lawrence Ferchaw

Daily Bruin Staff

The increase in lawsuits seen in the rest of the country is reflected at UCLA, where nearly anything - from a doctor's mistake at the medical school to the firing of an employee - can result in litigation.

"It's no different from any other part of society," said Joseph Mandel, vice chancellor of legal affairs.

Mandel estimates that about one to two lawsuits are filed per week, and suspects that the number of lawsuits against the university have increased over the years.

"There are all sorts of things that didn't exist 20 years ago," Mandel said of suits like sexual harassment and racial discrimination, which were not pursued in the past.

The cases filed against the university, like any large and complicated body, vary.

"Everything you can imagine in a city of 55,000," Mandel said. He's held the position of vice chancellor since 1991, when it was first created. It was created when then-chancellor Charles Young saw that legal matters were getting complex and needed someone in central administration to handle them.

Examples of lawsuits include medical malpractice, employment issues and contract disputes.

The bureaucracy that deals with these lawsuits involves lawyers at UCLA, the UC Office of the President and outside attorneys hired for their expertise.

Mandel leads an office of four other lawyers who deal with cases before they become lawsuits. The budget for the department last year was over $500,000. The office investigates claims and offers to settle if they see the university at fault.

However, if Mandel believes a case is without merit, or Mandel and the plaintiff cannot reach a settlement, the plaintiff will sue the university.

"If we don't think a case has merit, we fight even if it would cost us more than settling," Mandel said.

Because of the size and budget of the university, some may think UCLA is an easy target for lawsuits because it would be willing to settle quickly. Mandel wants to dispel that idea.

"People may believe that if they file a lawsuit, they will get money," Mandel said. "This is a misconception."

Attorney Melanie Lomax, who has sued the university twice for racial discrimination, agrees.

"I think they're a hard target," she said.

Lomax said she has had difficulty in getting public information from the university, as well as what she called an "arrogant attitude" from people at the university not willing to admit guilt.

"She's gotten everything she's entitled to in a timely manner," Mandel said in response.

Once a lawsuit is filed, the case is transferred to the Office of General Counsel in Oakland. Since UCLA is not a separate legal entity, suits involving the university are filed against the regents.

About 30 attorneys work in this office, but 90 percent of lawsuits are handled by outside counsel.

While five to six in-house attorneys focus on academic issues, outside counsel is hired because it would be difficult to have a staff of lawyers who could specialize in the many types of lawsuits brought against the university.

"It's cheaper and more efficient to hire outside counsel," Mandel said.

While Mandel said he could not estimate the cost of defending UCLA each year, the annual budget for the Office of the General Counsel last year was over $4 million.

Mandel also said there are no figures for wins and losses, especially since settling a case can be considered positive when it avoids protracted litigation. Some lawsuits are also thrown out as being frivolous.

If a case can be settled, often the process of determining who pays can be just as difficult as the negotiations to settle, according to Mandel.

The university has three self-insurance funds - workers compensation, general liability and professional malpractice - which can be used to pay for the lawsuit.

When the case does not involve one of these three areas, or the insurance will not pay the entire amount, the cost, or part of the cost, can be shifted to the campus unit most involved in the case.

For example, when the university settled with former basketball coach Jim Harrick, administrators had to determine what part would be paid by the insurance, the intercollegiate athletic department and the central administration.

Mandel indicated the regents are increasingly shifting the cost to the responsible campus and in some cases the perpetrator.

Settling the lawsuit requires the Board of Regents' approval when the cost of settling is over $250,000. Lesser amounts require approval by the general counsel or the chair of the board.

The board is also informed of the progress of the lawsuits and briefed at meetings.

Lomax said that suing the university is like suing any other public institution and that settling a lawsuit can be difficult.

"Anyone who has filed a lawsuit would have to know they'll fight all the way," Lomax said.