Important update on the new framework agreement

The 2022 –‘26 EM LawShare Framework Agreement expired on 31st March and on that date current memberships of EM LawShare lapsed meaning that consortium members have not been able to place new instructions under that  Framework Agreement or able to access the added value services.

Work is progressing at pace on the procurement of the next panel of solicitors and this is your invitation to join the new consortium for the duration of the new framework which will run for at least four years (with options to extend for up to more two years.)

After a fantastic 20 years helming the informal collaboration of an initial 7 members to now over 240 participants, Nottinghamshire County Council felt it was time to step back from the role of host authority for the next framework and West Northamptonshire Council (WNC) have kindly agreed to pick up the baton! The Management Board considered that this was an opportune moment to review the way that we have operated over that period and to ensure that we are future proofed for the next 20 years. We therefore sought independent legal advice from DAC Beachcroft LLP about our operating model. They reviewed the current governance arrangements and agreed with us that our model worked well but at their suggestion we have taken steps to formalise and strengthen the way that we have operated in the past.

The good news is that in principle nothing has changed, except that we have now formalised the previous ways of working by creating a contractually constituted consortium initiated by six local authorities (all who were participating members under the previous framework) entering into a Consortium Agreement. This not only contractually establishes the Management Board but also entrusts WNC to carry out a legally compliant procurement of a public sector legal services framework for the benefit of our member organisations. It also sets out the risks, liabilities and mitigations which always existed for all our participating organisations but with clarity and transparency for everyone.

So instead of signing an MOU as has previously been the case we are asking you to sign an Agreement of Adherence to the Consortium Agreement so that you can join the newly formalised consortium and access the new panel of partner firms appointed and the added value services once the new framework contract starts.

For further details and to join the new consortium, please see the following documents for information and action:

  1. A copy of the completed Consortium Agreement. This is for your information and does not require any action on your part.
  2. A copy of the Agreement of Adherence,  which is to be executed under hand – this can be found in Schedule 4 of the Consortium Agreement. How this works is explained in Paragraph 5.9 of the report referred to in 3. below.
  3. A draft decision report to assist you in your decision making process. This sets out in more detail what we have done and why and how the risks and liabilities are shared and mitigated. We are of the view that entering into the Agreement of Adherence is not a key decision and is one that most authorities will deem to be an officer decision.
  4. A Briefing Note from DAC Beachcroft which briefly summarises the Consortium Agreement and explains how the Consortium works.

We hope that you will want to continue your relationship with our unique consortium. We are incredibly proud of our offer to our Member organisations and our collaborative and partnership ethos with our panel firms. The Management Board has been working to create an even more engaging added value services offer for the benefit of our Membership going forwards to support you as you continue to face ever increasing financial and organisational challenges.

We will continue to offer our free annual training programme, and you will be pleased to note that a number of these will be in person. To support attendance the Management Board will be trialling a discretionary travel bursary scheme to help you with the costs of getting to our venues. We will also be having a renewed focus on developing our juniors, providing support to mid-career lawyers as well as aspiring monitoring officers. We will also be hosting an annual in person conference, instead of the biennial offer, providing more networking opportunities and will continue to keep you up to date with our quarterly newsletter.

NEXT STEPS

If you are interested in rejoining EM LawShare then please click here and we will arrange to send you the Agreement of Adherence for e-signature. You will then receive details about the new framework arrangements as and when available. 

If you require any more information please contact our Coordinator deborah.eaton@westnorthants.gov.uk