The Solicitors Regulation Authority (SRA) has highlighted a concerning trend where in-house solicitors face pressure to misuse legal professional privilege to withhold crucial information. This guidance aims to clarify misunderstandings and ensure ethical legal practices are upheld.
The SRA has issued new guidance to address issues surrounding legal professional privilege, primarily to aid in-house solicitors. This comes as a response to feedback indicating a need for clarity on the matter. The guidance outlines the importance of proper disclosure of information, noting that the misuse of privilege can obstruct justice.
Examples have emerged where legal privilege was wrongly asserted merely because a solicitor was included in communications. This misuse can occur under client pressure or due to errors on the solicitor’s part. The SRA has clearly stated that solicitors must not succumb to such pressures and should act with integrity and independence.
Despite clients’ instructions, solicitors are reminded of their duty to the court and the broader public interest, which takes precedence over individual client needs. They should not be complicit in misleading courts or third parties.
If faced with pressure, solicitors are advised to attempt a constructive dialogue. Failing that, they should resist pressure and consider reporting any unethical conduct to the SRA. This proactive approach aims to safeguard the ethical standards of the legal profession.
This initiative also includes guidance on identifying the client in an in-house context and addressing internal investigations. Moreover, it offers advice for employers on supporting their solicitors’ professional obligations.
The SRA’s actions follow their review indicating that most in-house lawyers maintain independence, but a minority do face unethical demands. The guidance reflects lessons from notable cases like the Post Office scandal, emphasising the need for moral fortitude among solicitors.
In drafting this guidance, the SRA consulted extensively with a reference group of in-house solicitors and the broader community. Consultations included surveys, roundtables, and formal feedback sessions.
SRA’s general counsel, Juliet Oliver, emphasised that these guidelines aim to support solicitors in their ethical duties and highlight their value in managing organisational legal risks.
This guidance by the SRA serves as a critical reminder for in-house solicitors to adhere to ethical practices, ensuring integrity in legal proceedings and promoting transparency.
