When You Might Need Legal Advice?

Seeking legal advice is necessary for an agency when it is faced with some special circumstances like:

• When the agency has to exercise a power very carefully because if exercised incorrectly, the agency will have to face strict judicial review and criticism.
• When the agency has a risk of not having the necessary powers in order to execute a certain action
• When the agency is required to take decisions of high importance which are related to the organization like entering a big contract.
• When a certain event or situation can put the said agency under judicial obligations.

By taking legal advice from a lawyer, the agency will be in a position to make better decisions and act in a judicial way pertaining to all the laws. However, while exercising discretionary powers, the agency is not allowed to simply act on the legal advice but make the decision on their own, independently by taking into consideration all the factors. While taking legal advice, the agency has to be very careful. It should make sure that it is taking the advice from an independent party and not from any interested party as their advice is likely to be biased. The agency will come under the scanner if it misuses the legal advice or the process of asking legal advice. Following are some examples where the agency misused the legal advice:

• If the agency gives the legal officer or the lawyer incomplete or misleading information in order to have the decision favored towards a particular position.
• If the agency used this advice to avoid or delay a blame for a doubtful and controversial decision taken by it.
• If the agency declined to act on a matter simply because there is some other method for the determining the case.