New framework an important resource for in-house lawyers in England and Wales

The in-house ethics framework forms part of the Law Society’s three year ethics project  and is intended to support the Solicitors Regulation Authority’s (SRA) guidance aimed at in-house solicitors. The publication is envisaged as a first version, with further iterations based on feedback from its practical application. It is designed to ensure in-house lawyers are “better able to meet their regulatory requirements and ethical responsibilities, as well as positively influence their organisation’s ethical culture”.

Fiona Cameron, a regulatory expert at Pinsent Masons, said: “With the increasingly complex role played by in-house lawyers in their organisations and the competing demands on them, this Law Society initiative, in conjunction with the SRA's recent guidance, will be welcomed” . 

“The framework sets the boundaries of expectation, acceptability and best practice, ensuring adaptability to meet the myriad challenges and fast changing landscape for in-house lawyers today.”

The framework offers guidance on the role of the in-house solicitor and the distinct ethical challenges they face, while emphasising their duty to the public and the role they play as ‘critical friends’ to the business by collaborating to achieve goals within the bounds of the law.

It includes a protocol for employing organisations, designed to clarify the expectations between in-house lawyers and their employer to enable the legal function to fulfil its role in accordance with professional obligations. The protocol is intended for board level sign off. 

Among the best practice recommendations made are ensuring the legal function has clear reporting lines to senior executives; ensuring it has board access, including access to board information and the option to attend board meetings in full; as well as rules on making and terminating senior legal appointments. The legal function should also be properly resourced and its lawyers supported in carrying out their work, including in continuing professional development.

A template letter for formally incorporating professional ethical obligations into an in-house lawyer’s employment contract is also included. This confirms the in-house lawyer’s regulatory responsibilities to act with independence, integrity and in a way that upholds public trust and confidence in the legal profession. This is designed to meet the increasing environmental, societal and governance demands on organisations, demonstrating a commitment to ensure the highest of standards are achieved.

The framework also makes recommendations on practical strategies for in-house lawyers to manage workload, independence and ethical decision-making under pressure, including when a particular course of action should be resisted.

A free ethical decision-making tool and guidance on understanding, influencing and embedding ethical culture within an organisation are also provided within the publication.