Law Society’s new framework empowers in-house solicitors to tackle ethical challenges

News

As part of its professional ethics programme, the Law Society of England and Wales has launched the first iteration of its ethical practice framework for in-house solicitors.

The framework offers free tools, resources and templates to help the in-house community navigate ethical challenges in the workplace and has been produced in partnership with the Inter-Disciplinary Ethics Applied Centre (IDEA) at the University of Leeds. The framework has been commissioned by the Law Society from academic partners and informed by in-house practitioners.

The initial scoping phase mapped out key ethical challenges for the in-house community and potential solutions. For example, solicitors are increasingly having to deal with environmental, social and governance (ESG) concerns. These issues continue to evolve as public attitudes shift in accordance with world events, politics and social movements. Ethical dilemmas can arise when employers ask in-house solicitors to facilitate activities that, although lawful, may be considered contrary to the public interest. The development phase refined the contents of the framework through focus groups and one-to-one expert interviews.

The framework complements the Solicitors Regulation Authority’s (SRA) guidance for in-house solicitors, equipping them with a range of tools to meet their regulatory requirements and ethical responsibilities. While the SRA’s guidance covers specific issues such as identifying the client, internal investigations and legal privilege; the Law Society’s new framework seeks to place solicitors in a position where they’re better able to meet their regulatory requirements and ethical responsibilities, as well as positively influence their organisation’s ethical culture. Where there is overlap with the SRA’s guidance, the framework is intended to be consistent and reinforce the SRA’s messages.

Law Society president Richard Atkinson said: “In-house solicitors are in a unique position as both legal and business advisers to their employer. Naturally, this gives rise to competing pressures and ethical dilemmas.

“Our members have called for more support maintaining professional independence and reinforcing ethical practice. The framework responds to a real need for us as a professional body to enable the in-house community to better understand ethical challenges, practise ethical judgement and meet their regulatory obligations.

“We’ve made the first iteration of the framework available for consultation so that we can review and improve it based on user experience.

“It is essential we stand together as a profession to advocate for and support in-house solicitors navigating ethics.”

Dr Jim Baxter, professional ethics consultancy team leader at the IDEA Centre, said: “It's been hugely rewarding to speak to so many in-house solicitors and to come to understand the distinctive ethical and professional challenges they face.

“They play a uniquely valuable role, which requires an ability to wield influence while maintaining independence.

“The framework aims to empower solicitors by supporting sound reasoning while putting them on a firmer footing within organisations and fostering solidarity in the professional community. We hope it will be a valuable resource for in-house legal teams and the organisations they serve."

Notes to editors

• See our framework main page here.

• See our ethics hub (professional ethics programme) here.

• Share your feedback on this version of the framework to make sure we have a framework that best meets the needs of in-house solicitors and join the conversation about the distinct challenges you encounter in your role.

• More resources will become available in the coming months.