Hi Sue,

Further to our general discussion on legal representative associated with UCOL you ask for me to make some notes for you. Please see the following:

First, I think it is appropriate to highlight the following:

I have previously undertaken paid activity for UCOL, but the following has not been requested by UCOL and is not a paid activity.
My office has had prior involvement with UCOL’s current legal advisor and former firm.
As part of my work activities we are/have been engaged as part of a wider team working on larger projects. These situations assist to inform the following comments.
I am not a lawyer. The following are my personal general comments, and should not been considered professional advice.
Nothing in the following is intended to make direct comment on anyone’s abilities.

Comments:

Usually there is a significant ‘understanding’ held by those working closely on a project. Some of the finer detail is not necessarily documented, or becomes buried within the paperwork. Hence, anyone picking up the file for the first time can either take significant time (cost?) to come up to speed, or initially might lack an appreciation of the finer details. In these situations, it is good to have someone with knowledge providing close oversight – this usually requires further additional resources.

In terms of the legal work required by UCOL going forward, while I do not have (or need) details on that, it would seem the following applies:

Much of the work is fairly straightforward in legal terms. If one-off specialist advice is required, this could be contracted-in for a specific matter.
I imagine much of the work can be drafted early. This could provide the opportunity for UCOL to insist on early drafting deadlines.
On settlement, there will be a lot of paper work/agreements to be completed in a short space of time. This is where junior staff/legal assistants are well placed to assist.

In terms of the ‘risk’ associated with the decision on legal representation:

If legal services are provided by a new individual, the risks could include the potential for a loss of the finer detail and the time/cost for getting a new provider up to speed.
If legal services are provided by someone with existing knowledge but with fewer support options, the risks could include limited office support. Early drafting timeline should assist, and perhaps, the provider could provide a clear outline on how they intend to complete all the documents on settlement date and their ability to call on external expert/specialist legal resource, if required.

Overall, risk is part of all decisions. My experience suggests consistency has its benefits in most (but not all) situations. My suggestion would be to see if UCOL can reduce any concerns to the point where there is comfort to make a unanimous decision.

Hope this is helpful. Kind regards, Conrad Anderson