The role of government lawyers has never been more significant.
At a recent Australian Government Legal Services (AGLS) event facilitated by Matthew Blunn from the Australian Government Solicitor, senior leaders Katherine Jones (Attorney-General’s Department), Jenny Wilkinson (Department of Finance), and Natalie James (Department of Employment and Workplace Relations) shared their insights on the critical role legal professionals play in the public sector.
Beyond Legal Advice: Strategic Problem-Solvers
Government lawyers are more than just legal advisors; they are strategic problem-solvers. The ability to deeply understand the issues that departments and organisations face is essential. Rather than simply providing a legal response, lawyers can take this further by understanding the problem deeply, carefully defining the scope and being an integral part of solving the problem.
As such, the best legal advisors are solutions-focused. While they must be prepared to say “no” when necessary, they should also help shape pathways to achieving policy or operational outcomes. This requires a strong understanding of the practical implications of advice and working closely with stakeholders to explore workable options.
Balancing Legal Risk with Broader Considerations
Legal risk is one of many risks that decision-makers must balance. An over-cautious approach can hinder progress, making it crucial to ensure that legal risk is weighed alongside operational, financial, and reputational risks.
There is also a need to push back when legal input isn’t required. Not every issue requires a legal opinion, and lawyers should be comfortable identifying matters that are better left to judgment calls rather than being framed as legal barriers.
Building Relationships and Deep Collaboration
The most effective government lawyers go beyond legal expertise to become trusted partners in decision-making. Strong relationships and a collaborative mindset are essential.
Government legal teams play a crucial role in shaping policy and operational decisions, requiring a balance between critical thinking and technical precision. Successful collaboration means understanding the broader objectives, working alongside policymakers, and offering practical and actionable advice.
Exceptional government lawyers seamlessly transition between high-level strategy and detailed legal application, ensuring that legal advice aligns with broader policy and operational goals.
Maintaining Perspective: The Big and the Small
Government lawyers must navigate the balance between minor issues and significant legal risks. Not every issue should be escalated, but critical risks should not be overlooked. From a legal and operational standpoint, understanding what truly matters ensures that advice remains relevant and actionable.
The Future of Government Lawyering
As legal professionals within government continue to evolve their roles, curiosity, adaptability, and strategic thinking will be key attributes. Government lawyers are not just in the business of law; they are in the business of relationships. By embedding themselves within their departments, understanding the broader context, and offering pragmatic advice, they can ensure that legal expertise continues to drive better policy and operational outcomes.
The discussion at the AGLS event reinforced that government lawyers are not just technical experts but essential contributors to good governance and effective decision-making. The challenge now is to continue refining these skills and ensuring that legal teams remain integral to the work of government.
