Solicitor First, Employee Second: The In-House Dilemma

The Solicitors Regulation Authority (SRA) has recently published new guidance for in-house solicitors, and it’s worth taking a moment to reflect on the importance of their role. In-house lawyers aren’t just there to protect their organisations—they’re also guardians of the rule of law, responsible for safeguarding the public interest and maintaining trust in the legal profession.

The message from the SRA is clear: the public interest takes priority. Yes, even above your employer’s interests. And that’s a big deal for in-house solicitors, who often have to juggle client confidentiality, organisational loyalty, and their wider professional duties.

Let’s take a closer look.

Key Points from the Guidance

Reporting Wrongdoing

If you spot breaches of the law or regulatory requirements, it’s your job to report them—internally first, and externally if needed. Sweeping things under the rug? Not an option, even if someone senior is giving you a nudge in that direction.

Public Interest Over Organisational Interests

When there’s a clash between your professional duties and your employer’s interests, the rule of law and the public interest must come first.

The Duty to Act with Integrity

If wrongdoing persists, it’s time for some self-reflection. Can you stay in your role while still acting with integrity and meeting your obligations? Sometimes, the answer might be “no.”

Clarity on Legal Privilege

The guidance also sheds light on when legal privilege applies, helping you work through those tricky investigations.

Why In-House Solicitors Are Uniquely Positioned

Here’s the thing: in-house solicitors are in a privileged position. You’re right there in the thick of things, with a front-row seat to decision-making, access to confidential documents, and an insider’s view of the organisational culture. This makes you uniquely placed to:

• Spot potential breaches of the law or unethical practices early.
• Understand internal dynamics that might reveal deeper systemic issues.
• Influence decisions from the inside, advocating for compliance and integrity.

But that insider access comes with a catch: it can be lonely. As the saying goes,

With great power comes great responsibility.

In-house solicitors often face these responsibilities alone, without the support network their private practice counterparts might enjoy. Raising concerns or challenging decisions can strain professional relationships and, in some cases, even put your role at risk. It’s a tough position to be in, but it’s one that underscores the vital importance of the work you do.

Challenges In-House Solicitors Face

• Balancing loyalty to your organisation with your professional obligations can feel like walking a tightrope—especially if colleagues or managers are pressuring you to let things slide.
• Let’s face it: being the one to raise concerns isn’t exactly a popularity contest. Without the camaraderie of a private practice team, you might feel like you’re tackling these dilemmas alone.
• Highlighting serious wrongdoing can lead to awkward conversations, damaged relationships, or even career risks. The SRA acknowledges that, in some cases, you might need to consider leaving your role to uphold your duties.
• The nuances of legal privilege in an in-house setting can muddy the waters. What’s protected? What needs to be disclosed? It’s a balancing act.

Beyond the Organisation - Your Broader Professional Obligation

Because of your unique position, you have a responsibility that goes beyond just keeping your organisation out of trouble. You’re part of something bigger—upholding the principles of justice, accountability, and trust that underpin the legal system.

Of course, it’s not always easy. You’ll face tricky decisions, uncomfortable moments, and perhaps some sleepless nights. But your role is vital. By acting decisively and ethically, you protect not just your organisation but also the integrity of the legal profession and the rule of law itself.

Support for Difficult Decisions

Let’s be honest: dealing with these challenges can feel daunting. But you don’t have to face them alone. Speak to senior legal colleagues or mentors who’ve been in your shoes—they can offer invaluable advice and support when the pressure’s on.

Our CEO, James Haddleton , knows these challenges all too well. Having spent years as an in-house solicitor before founding his own firm, James has firsthand experience of the complexities that come with balancing professional obligations and organisational pressures. Today, he acts as a mentor to a number of in-house solicitors, offering guidance and support drawn from his own experiences. His understanding of the unique position in-house lawyers occupy allows him to provide practical, empathetic advice, helping others work through difficult and high-stakes decisions while staying true to their principles.

If you don’t already feel you have someone you can talk to, consider contacting James. His insights and support could help you find clarity and confidence in the face of tough decisions.

If you’ve got insights or stories to share, leave a comment or send us a message. We need to keep the conversation going and build a stronger, more transparent profession—together.

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