On 18 November 2024, the Solicitors Regulation Authority (SRA) released comprehensive guidance tailored to support the over 34,500 in-house solicitors working across England and Wales. This initiative, developed in response to stakeholder feedback and issues highlighted in the SRA’s 2023 thematic review, aims to address the unique challenges faced by in-house lawyers across diverse sectors and employers.
The guidance focuses on critical areas such as client identification, managing legal professional privilege, reporting concerns of wrongdoing, balancing ethical obligations, and mitigating legal risk. Additionally, it includes resources for employers, emphasizing the importance of understanding and supporting solicitors’ professional duties.
Following consultation with the in-house legal community—including a reference group, surveys, round tables, and formal responses—the final guidance incorporates several key updates:
- Practical examples, checklists, and resources.
- Expanded information on third-party representation and conflicts of interest.
- Dedicated guidance on legal professional privilege.
- Enhanced recommendations for managing internal investigations and supporting involved individuals.
Juliet Oliver, SRA General Counsel, emphasized the significance of this initiative, highlighting its role in addressing the distinctive issues in-house solicitors face and reinforcing their value in fostering ethical conduct and managing legal risks within organizations.
This new suite of materials includes specialized guidance for employers, governing boards, and senior executives, outlining how they can effectively support in-house solicitors while ensuring alignment with professional obligations. By promoting clarity on what in-house solicitors can and cannot do, the guidance aims to foster better collaboration between solicitors and their organizations.