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Assessment of legal obligations, thorough factual investigation, consideration of alternative approaches, review of implementation, and follow-up are all important functions for local government attorneys when advising clients on policy matters . As discussed in the next section, local government attorneys have significant resources available to them that can help them to do this work effectively, and to prevent or help to redress wrongs .
II. Promoting Justice in Practice: resources of the Local Government Attorney
Several aspects of the local government attorney’s role are particularly important for effective counseling of local government officials and for promoting justice . First, the relationships local government attorneys may develop through their regular interactions with public officials can enhance their influence . Local government attorneys may be consulted about potential issues before action is taken or as soon as a problem arises, and can help to solve problems by providing sound legal advice . Second, in approaching policy issues through a “legal lens,” local government attorneys provide a necessary perspective that can shape policymaking and promote compliance with the law . Third, local government attorneys may have significant access to people, places and information in order to conduct an appropriate investigation . In this way, they can help to address not just written policies and decisions by senior policymakers, but complex problems involving the daily actions of many local government employees .26
A. relationships with Government officials
Local government attorneys, through their regular interactions and ongoing professional and interpersonal relationships with government officials, are in a strong position to promote justice .
Generally, local government attorneys become involved in policy matters in several different ways . A policymaker may expressly request legal advice . An attorney may learn about a legal issue indirectly through his or her work with the agency . Someone from outside the local agency may call the attorney about an issue . An issue may receive public attention through the media . A new law or court decision may require changes in local policies or procedures . A lawsuit may be filed alleging that the agency has failed to meet its legal obligations .
Local government officials may – and should – regularly seek the advice of attorneys when developing new policies or implementing new initiatives . They may ask attorneys to draft or review agency policies or proposed legislation or administrative rules . They may seek input on how to structure new initiatives in a way that comports with legal requirements . Local government attorneys may also provide guidance about how to implement new legal requirements that come from new local, state or federal legislation or from a court decision . Through providing appropriate legal advice, local government attorneys can help to ensure that agency policies and procedures comply with the law .
Furthermore, through their day-to-day work and interactions with local officials, local government attorneys may learn about, anticipate and address potential legal issues, and thereby prevent or
26 The discussion in this section concerns the work of attorneys who are employed by local government agencies or school districts. Although privately employed attorneys who are retained by government agencies for limited purposes should have a similar role, in practice there may be differences in their relationships with local officials, the degree of access to local officials and to information, and/or the time and resources available to them for investigation.
Impact: Collected Essays on Expanding Access to Justice