General Counsel complaint to the Solicitors Regulation Authority In-House Thematic Review

A number of leaders in the in house legal community who have considered deeply the role of in-house lawyers and the positive impact they can have in society, are extremely concerned by the findings of the Solicitors Regulation Authority In-house Solicitors Thematic Review. 

We are troubled by the fact that the SRA (the largest UK legal services regulator) does not appear to see the extent of the challenges for in-house solicitors that the Review signals - describing the findings as ‘encouraging’.

While acknowledging the critical role of General Counsel and in-house lawyers in the growth and resilience of 6,000 UK organisations, the Review understates the severity of the risks present in the in-house environment and misinterprets or is inadequate in its conclusions as to their cause.  It does not reflect the collective experience in-house and it offers insufficient action and support in addressing concerns, in the interests of stakeholders and society.  The Review’s conclusions are not supported by its data.

For example, independence is at the very heart of the tension in the client-employer relationship in-house and yet 64% of in-house solicitors are not raising their regulatory duties including the duty of independence with their client-employers.  One in ten experience pressure to compromise their regulatory obligations.  50% of General Counsel feel isolated.  Many in-house solicitors are overwhelmed and have inadequate board support.  This should be a real cause for concern. 

We share here a document setting out our concerns, along with practical steps and support we would like the SRA to provide.  We offer our support in the taking of such steps. 

The Review represents a significant opportunity to give the in-house legal environment the attention it needs and deserves.  With high profile cases such as the Post Office Horizon IT Inquiry under review and other corporate failings in the limelight, downplaying concerns delays this opportunity at a time when public trust in lawyers is both needed and in question.  It also undermines confidence within the in-house community in their regulator and robs them of the support they need.

The aim of our recommendations is to increase regulatory support for General Counsel and in-house lawyers in the service of society, without the only choice being to resign or conform in conflict with professional and regulatory obligations.

We welcome the focus of the SRA on the in-house community and encourage this focus to be maximised, not wasted, even (and especially) if that means facing into discomfort. 

Perspectives and feedback are welcomed in the comments to the LinkedIn post here.  For in-house leaders wishing to be added to the collaboration group, there is a form to fill in here. You can be in any country and of any qualification to engage on the principles.