15.1.3 Advice and representation from external legal providers

 

  1. The General Counsel (acting under the chief executive’s delegation) or his/her Legal Services staff may procure external legal advice or representation for the council.

  2. In deciding whether to procure external advice or representation, the General Counsel or their Legal Services staff takes the following factors into account:

    • the nature and/or complexity of the matter

    • the available capacity and expertise within the Legal Services department and elsewhere, including the availability of counsel

    • the financial implications for the council and the availability of counsel

    • issues of independence or conflict of interest (actual or perceived).

  3. The decision on whether to obtain external legal advice or representation will be made in consultation with the relevant council business unit or department.

  4. Where external lawyers are instructed on a council legal matter, the General Counsel or their Legal Services staff retains oversight and may direct the manner in which the legal services are provided.

 

 

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