Jayne Francis explains how EM Lawshare offers a platform for local authorities and private sector solicitors to share their knowledge
Some 13 local authorities in the east midlands (now having grown to 19) recently invited private sector firms to tender for their external legal work (see [2006] Gazette, 13 April, 5). While the contract states that participating authorities are at liberty to use external legal advisers outside of this arrangement, the preferential rates achieved under the deal are likely to ensure that most externalised work will be conducted under these arrangements.
Nottinghamshire County Council had operated a similar partnership arrangement for more than seven years. Rather than retender this arrangement solely for Nottingham, other authorities within the east midlands area were invited to join and form a consortium to tender jointly.
At the first meeting of interested authorities, the enthusiasm for such a project was immense and the spirit of co-operation and shared working between all the consortium member authorities has remained.
A small working group was established to undertake the tender process, which I lead. It includes a representative from each of the types of authority involved in the consortium to ensure the needs and requirements of each would be met by the arrangements. County councils were represented by the deputy county secretary at Derbyshire County Council, unitary authorities by the chief legal officer at Derby City Council, and districts by the head of legal at Bassetlaw District Council.
Some 97 private sector firms expressed an interest and following a shortlisting and filtering process, 20 firms were invited to tender. Four firms, three from the east midlands - Weightmans, Freeth Cartwright and Browne Jacobson - and one from the south-west, Ashfords, were chosen as private sector partners.
The partnership arrangement is not simply a contract under which the participating authorities will instruct these partner firms to undertake work for them. It is an arrangement by which the participating authorities and the partner firms will share their knowledge and expertise, share training opportunities and other resources to provide cost-effective and efficient legal services to the authorities within the arrangement. It is a partnership in the truest sense. The tender process was part-funded by the East Midlands Centre of Excellence, which continues to support the consortium.
Launched on 1 April 2006 (the contract start date) as EM Lawshare, the consortium has its own Web site that provides all members with a discussion forum and details of all matters outsourced under the arrangements. Members can search the site to ensure authorities do not duplicate instructions and advice received can be shared. Estimated savings to the participating authorities are £2.5 million in cash and £3.1 million in other savings over four years.
EM Lawshare is currently working on extending the current arrangements to expand the sharing of expertise between authorities undertaking work for each other, with a view to the establishment of 'centres of legal excellence' within each authority in specific areas. The still developing Web site will contain a knowledge bank that will include a shared precedent bank.
The project exemplifies how public sector lawyers can work innovatively and co-operatively together and how cost effective and efficient public/public and public/private sector arrangements can work to the benefit of all council taxpayers.
Jayne Francis is the assistant head of legal service at Nottingham County Council
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