15.1.3 Advice and representation from external legal providers
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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.
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In deciding whether to procure external advice or representation, the General Counsel or their Legal Services staff takes the following factors into account:
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the nature and/or complexity of the matter
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the available capacity and expertise within the Legal Services department and elsewhere, including the availability of counsel
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the financial implications for the council and the availability of counsel
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issues of independence or conflict of interest (actual or perceived).
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The decision on whether to obtain external legal advice or representation will be made in consultation with the relevant council business unit or department.
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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.