Legislative History: Enacted July 30, 2019 (By-law No. CPOL.-395-204)
Last Review Date: July 25, 2023
Service Area Lead: Deputy City Manager, Legal Services
1. Policy Statement
The objective of this Policy is to identify the circumstances under which outside counsel may be engaged to assist with the delivery of legal services.
Contracting for legal services is intended to respect the spirit of the budget process and the City’s Procurement of Goods and Services Policy, while considering the practical realities of the legal system and the environment in which the City operates.
The Policy intends that the City be able to contract for legal services with knowledgeable, skilled and motivated private sector law firms and law practitioners, in a manner that effectively and efficiently meets the City’s operational requirements.
2. Applicability
This Policy applies whenever a contract for services is contemplated with a law firm, practicing lawyer or paralegal, whether or not the intention is to contact for conventional legal services.
This Policy applies to all contracts for legal services between the City and private sector law firms and law practitioners, unless the Council directs otherwise.
3. The Policy
3.1 Role of Deputy City Manager, Legal Services
a) This Policy requires that the Deputy City Manager, Legal Services determine whether any request by a Service Area for the outsourcing of legal services should be approved.
b) No Service Area is permitted to enter into a contract with a law firm, practicing lawyer or paralegal, without first having obtained the approval of the Deputy City Manager, Legal Services.
3.2 Decision Concerning Outsourcing Request
a) The Deputy City Manager, Legal Services, in consultation with the Service Area that bears responsibility for payment of the expense of contracted legal services, is to decide whether such work should be outsourced.
b) The decision to outsource must be duly justified on the basis of the following factors, as applicable:
- capacity within the Legal Services service area
- timelines and level of urgency
- level and impact of risk to the City
- experience and expertise requirements
- whether funding for the expenditure has been approved
- statutory requirements
- security considerations
- conflict of interest considerations
- public interest considerations; and
- unique considerations associated with the work
3.3 Appointment and Contracting
Once the outside legal work is approved, the authority to formalize the appointment and enter into a contract with the approved firm or practitioner is exercised by the Deputy City Manager, Legal Services.
3.4 Instructing, Monitoring and Assessment of Accounts
The Deputy City Manager, Legal Services instructs the firm or practitioner and monitors the work performance in light of the requirements of the contract for legal services. Assessment may be required at the discretion of the Deputy City Manager, Legal Services.
3.5 Accountabilities
The Deputy City Manager, Legal Services is accountable to Council for contracting for legal services with private sector law firms and law practitioners.
Service Area Leads are accountable to Council for ensuring that contracting for legal services with private sector law firms and law practitioners is referred to the Deputy City Manager, Legal Services for sourcing, selection, appointment and contracting of legal services, in accordance with this policy.
Service Area Leads are also responsible for ensuring that all accounts for legal services are funded through an approved source.