Are In-House Lawyers at risk of breaching their SRA duties - Due to the Executive's misinterpretation of their role?

In May this year The Law Society Gazette published an Article commenting on the Altman Review (the?General Review into the Post Office's past prosecutions and future prosecution policy,?by Brian Altman KC.),?please see below the link to the Gazette Article.

The Article focuses?on the role of the In-House Lawyer and questions how complicit the Legal function was?in the Post Office scandal, by virtue of the relationship dynamic between In-House Legal and the wider organisation.??

Raising questions on the role In-House Lawyers should assume within their organisations and whether this "supporting" "business partner role" is actually the right approach.

As reported in the Gazette Article, Justice Lab’s analysis of the Altman?review concludes: ‘There are lessons to be learned on the nature of human and professional relationships that encourage lawyers to absorb and reflect back their client’s view without sufficient independence and critical detachment.’?Which places most Solicitors in a position where their duty to be independent is challenged.

I don't know about you, but when I was an In-House Lawyer I was advising board members who where also my employers.??I had to withstand their constant pushback and criticism. I was constantly dancing around with worry that I either have put my job or career at risk!

My question to you is, do you feel this too??Do you ever feel if you don't play back to your stakeholders what they want to hear that maybe you are being perceived as unhelpful, a blocker and that your job is at risk???

The SRA (?the Regulator for Lawyers who practise in England and Wales) has?undertaken an In-House Thematic review of the risk to the sector of?other organisations and Solicitors falling into the same trap as those Solicitors in the?Post Office case.?They "remarkably" came up with data which indicates a low risk of Solicitors feeling?pressured?and challenged?to the point they feel their independence is compromised (10%), in their In-House Role.?They?have also publicised?in their In-House Thematic Review?some very interesting guidance, which has since?been criticised by In-House Lawyers, as unpractical and out of touch of what the challenges In-House Lawyers face.??But I will allow you to draw your own conclusions. The report is below.?

My personal view, is in line with Justice Lab's above, that the relationship dynamic at play between business and In-House Lawyers?does not naturally play out where Legal is "allowed" to be independent and falls under heavy criticism by business if they are independent.?Which requires a certain skill for a Solicitor to be able to demonstrate value and independence.?

In my view, this review of the SRA is?problematic as it doesn't reflect the reality nor does it provide the actual help In-House Lawyers need.

In speaking to over 150 GC's who agree with my position and with Justice Lab and that the SRA are out of touch, its inevitable?the dynamics between the In-House Lawyer and their clients has a major impact on Solicitors duties.

One of the things we focus on here at the In-House Lawyers Coach and on?in the In-House Lawyers Leadership Programme, is how important it is for In-House?Lawyers to show Leadership and not to simply follow business lead and make business happy by giving them what they want.?So our programme is designed to?help In-House Teams to build the skills and strategies to become Leaders, act independently whilst also adding value and change to an organisation, whilst climbing up the career ladder.??

These skills are not taught in law school nor on a generic training course.??

So what do I suggest for you:

1. Take a step back and honestly ask whether your advice is tailored (watered down) so that it is more palatable to the business.???

2. Whether you and your team have clarity on your role and the obligations you are required to discharge.??

3. Be really clear with stakeholders, from the start, what your role is.??

4. Learn to position your advice / views / reviews to the business, so that they feel supported irrespective of the message whilst still retaining independence.

Clients on the?In-House Lawyers Leadership Programme have asked these questions and followed the programme to be able to manage this unique position In-House Lawyers assume.?Now they are being promoted, positioned for promotion and moving on to roles which are more suited to them.

If you want to be able to do the same, please book a discovery call.??

Donna

BOOK DISCOVERY CALL HERE!!? https://calendly.com/thelawyerscoach/discovery-call?month=2023-06

Read full Article in the Gazette - Click here

https://www.lawgazette.co.uk/news/post-office-lawyers-decision-making-corrupted/5115940.article

SRA Thematic Review - Click here

CLICK HERE to find out more about the In-House Lawyers Leadership

https://mailchi.mp/thelawyerscoach/inhouse-lawyers-leadership-programme