Dedicated guidance supports in-house solicitors

The Solicitors Regulation Authority (SRA) has unveiled new guidance materials to support the 34,500 in-house solicitors across England and Wales. This move comes after extensive stakeholder feedback on drafts published earlier this year and aims to address the unique challenges faced by in-house solicitors working across a range of sectors and employers. The guidance, shaped by insights gathered from a variety of in-house professionals, also follows a thematic review that highlighted the evolving role of solicitors working within organisations, especially in light of high-profile cases such as the Post Office scandal.

The guidance addresses several core issues in the practice of in-house lawyering. Key areas covered include identifying the client, reporting concerns of wrongdoing, managing legal professional privilege, and balancing ethical obligations with legal risk. Additional guidance is directed towards employers, to enhance understanding of solicitors' professional obligations and to provide the necessary support to ensure that solicitors can meet them.

Juliet Oliver, General Counsel at the Solicitors Regulation Authority, emphasised the significance of the new materials:
"This is the first time we have produced such a breadth of guidance for in-house solicitors. I want to thank all of those who took time to comment. The input we received from professionals was invaluable.”

She further added:
"These documents reflect the unique challenges and issues that in-house solicitors encounter in their day-to-day roles and aim to support solicitors in meeting these, and to highlight the value that in-house solicitors can bring to organisations in promoting ethical behaviour and managing legal risk."

The guidance materials build on feedback received from a virtual in-house solicitor reference group comprising in-house professionals across private, public, and third-sector organisations. The group provided feedback on practical examples and resources, as well as input through surveys, roundtables, and formal responses. Based on this feedback, the SRA made several important changes to the original drafts, including:

• The inclusion of more practical examples, checklists, and resources.
• Additional focus on acting for third parties and managing conflicts of interest.
• A separate section dedicated to legal professional privilege for in-house solicitors.
• Clearer guidance on internal investigations and how to provide support for those involved.

The materials also introduce guidance for employers on a solicitor's professional obligations, as well as new advice for governing boards, chief executives, and senior officers in organisations employing in-house solicitors. This is intended to foster a better understanding of what in-house solicitors can and cannot do for their employer, and what organisations can do to help solicitors navigate their professional responsibilities.

The number of in-house solicitors in England and Wales has been steadily rising, now making up more than one-fifth of all practicing solicitors. With over 6,000 employers across various sectors, in-house solicitors are increasingly pivotal in navigating both legal and ethical challenges within organisations.

The SRA’s newly published guidance reflects this evolving landscape, equipping solicitors and employers with the tools to ensure ethical, risk-aware practices in-house. By offering clear expectations and practical solutions, the SRA aims to enhance the role of in-house solicitors as integral contributors to corporate governance and legal risk management.