Law in a Political Environment

If once upon a time council lawyers were the aristocrats of local government, now they’re frequently seen as techie footsoldiers. Creators in fact of dull but necessary legal widgetry. Sadly, all too often, they can be viewed as T.S. Eliot’s Prufrock:: ‘Deferential, glad to be of use/ Politic, cautious, and meticulous;/ Full of high sentence, but a bit obtuse. . .’.  

Just why this happened could be the subject of many a lengthy and learned PhD thesis. But it is what it is. The question is what can those working at the legal coal face do about it? For the situation isn’t entirely hopeless. There are several serving local government lawyers who have successfully broken through the lawyer-net and got to sit at top table. John Polychronakis, Chief Executive of Dudley MBC is one. Andrew North, Chief Executive at Cheltenham Borough Council another. And Deborah Collins, formerly Southwark’s Strategic Director of Communities, Law and Governance, in recognition of her management skills has recently been elevated to Strategic Director of Environment and Leisure. As she pointed out to Local Government Lawyer, this was ‘a very positive development for her and recognition that lawyers do run services’.

What’s to be done?

It seems to me the key is, while being an excellent practical lawyer (understanding things from your client contact’s perspective whilst offering appropriate professional objectivity) to wear your law lightly and to place your main focus on the Council’s strategic objectives. That, and being seen to do so where it counts. In fact what you need is CIA. No, not that one (unless you’re encountering particular difficulties in your authority). I’m actually referring to: competence, integrity and authenticity.

Competence for these purposes, means being good and effective at what you do. Having the requisite knowledge; but just as importantly the ability and insight to apply it in a useful, practical and context-sensitive manner that adds value. It also means not being or feeling typecast as a lawyer. Clearly you need to give the legal picture, but you should also not hold back from applying your skills and experience to offering solutions outside the narrow legal frame. Getting known for being a Lawyer + will do your career no harm at all. For adding to base financial services is how the accountants created major consultancy practices.

Integrity encompasses notions of uprightness, honesty and sincerity. The capacity, courage and resilience to ‘do the right thing’ personally and professionally even against a strong cultural headwind. In other words at all times to facilitate the public interest. As Lord Carnwath recently remarked in the Supreme Court: a ‘public authority has no self-interest distinct from that of the public . . .it serves’. This is particularly important for monitoring officers who (along with the chief financial officer and head of paid service) are a key part of the corporate governance triumvirate.

Authenticity. People are still seasick from the era of political spin and seek ‘the real thing’; ‘the genuine article’ in all situations. As the prolix Polonius nevertheless wisely advised his son in Hamlet: ‘to thine own self be true’. In truth you can’t be anyone but yourself and if you are all things to all people you won’t be anything to anyone. It’s likely to tie you up in knots and damage your reputation. Senior people (officers and politicians) may not always welcome your advice. But if you have a reputation for being a positive facilitator rather than a negative obstructor and someone who pulls the communication cord only when really necessary, this should enhance your standing.

Sound personal but professional relationships across the authority and key stakeholders are essential, as is being known to take on non-legal corporate projects. Your legal ability is best seen not as self-definition but as a discreet but nifty bit of kit installed by Q to give you the edge when it counts. And you will of course need mature political awareness and insight into the councillor perspective.

Getting into the member space

Of course it is a lot harder nowadays to make a corporate impact at member level when local authority cabinet government is pretty much the norm and day to day contact for lawyers with elected members is much sparser than before the LGA 2000 when most lawyers would have their own committee or sub-committee to service. So you’ll need to look for opportunities to get to know members and get into their space.  Have a chat with your head of department about possibilities. Perhaps put on a training session for members. Or speak to the chief executive about leading or assisting with a corporate project. An offer of willing pair of hands will usually be gratefully received.

Managing in a Political Environment

Given the difficulties faced in this area by junior local government lawyers, a few years back I put on training events through LGG Training entitled: Managing in a Political Environment. The paper I did at the time has recently been updated and can be accessed here. I am also running a workshop session on this at the 2012 Annual ACSeS Training Forum in November together with Cllr Mrs Patricia E Turner MBE from Central Bedfordshire Council.

In addition, I have listed in the appendix below some of what I think are key attributes for a senior player in this area. As local authority governance and law moves steadily towards having a unified and strengthened voice, the very best of luck to those starting out and on the way up. Get the CIA and you’re on your way!

Appendix – Some Relevant Personal Attributes

• Sound knowledge of local authority corporate governance law (i.e. the legal and constitutional fabric of local government, its members and officers);
• A good lawyer but one whose sense of identity and professional self-worth does not essentially reside in being a lawyer and who sees law as just one of the tools in the corporate armoury rather than as a reason for existence;
• Sound insight into the different role and perspectives of officers and members and mature political awareness;
• Personal impact and credibility with members and colleague officers;
• Ability to form sound but professional relationships with officers and members at all levels;
• Leadership ability including the capacity to delegate without abdicating responsibility;
• An ability to keep the big picture in sight at all times whilst being able to deal effectively with the micro when the need arises;
• An ability to prioritise and reprioritise constantly;
• High levels of personal probity and integrity;
• Personal resilience and capacity to work under high levels of stress;
• The ability where necessary to take difficult decisions sensitively but effectively;
• Ability and desire to take on wider corporate projects outside the legal sphere;
• A can-do approach which sees solutions rather than problems;
• An innovator who can nevertheless carry his or her people with them.
• Good personal organisation skills;
• Practical IT literacy;
• Awareness of the constantly developing policy agenda and an ability to manage in the light of this;
• An ability to form effective strategic relationships with other regional public sector players and to put in place cohesive and sound 'community budgeting' and shared service arrangements where appropriate;
• The ability and confidence to create innovative solutions and to use the law accordingly.

Dr. Nicholas Dobson is a Senior Consultant with Pannone LLP specialising in local and public law is also Communications Officer for ACSeS. He can be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it.

© Nicholas Dobson July 2012.

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