New ethics framework will help in-house lawyers 'speak truth to power'

Whistleblowing and influencing corporate culture will be at the core of an ethical practice framework for in-house lawyers currently being developed by the Law Society.

Chancery Lane has been working with the Inter-Disciplinary Ethics Applied Centre at the University of Leeds to develop the new resource for the 34,500-plus in-house solicitors in England and Wales.

The project is part of a three-year programme that has become increasingly urgent amid the fallout from the Post Office Horizon IT Inquiry.  The first indications of what the framework will focus on were revealed at the Solicitors Regulation Authority’s in-house conference this week.

The university’s Jim Baxter, professional ethics consultancy team leader, told delegates: ‘You are potentially vulnerable and exposed, making difficult decisions and advising the organisation on complex issues and potentially being the person held to blame when things go wrong’.

Baxter stressed that the framework is not analogous to regulation. ‘Rather than telling in-house solicitors what their responsibilities are, we have produced material putting you in a stronger position to meet your professional responsibilities in various ways,’ he said. The framework will help solicitors achieve ‘independence and influence’.

On exerting influence, Baxter pointed to the need for in-house lawyers ‘to make a difference in the organisation. The need to be able to help the organisation effectively manage the legal and ethical risk. Without independence, you are not going to be able to provide a voice or challenge or speak truth to power.

‘You are not going to be able to help your organisation effectively manage risk if you are not able to deliver messages which might be less than entirely welcome or inconvenient. We have produced material to help you [do] these things.’

The conference heard that the framework will help solicitors develop the right skills and modes of thinking. It will include interactive scenarios to help people exercise legal reasoning skills.

Modules will cover ethical decision-making and how to influence corporate culture. There will be elements aimed at strengthening the position of in-house solicitors within the organisation, such as employment contract amendment letters to ensure professional obligations are reflected therein.

The framework will also seek to foster professional support and solidarity. ‘Local networks are key because they give people access to informal relationships with other solicitors,’ Baxter said. ‘If you’re facing a difficult situation, what’s most useful is the ability to talk to someone who has been in a similar situation and get advice.’

Another element will focus on whistleblowing. The Leeds team has been working with the whistleblowing charity Protect.

The ‘beta mode’ framework will be unveiled this spring.