Blog: Friday 22nd November 2024 - Aneeka Muneer, LLG President

LLG welcome the SRA updated guidance for in-house lawyers issued 18 November 2024.

I recall at the start of my career the constant grapple to balance the interests of the council with my duty to the court; as in-house lawyers we face unique pressures that test impartiality and independent representation on a daily basis. This applies equally to the desire to give effect to our ‘clients’ instructions and our need to apply the rule of law, and uphold ethical governance, all within a vacuum of political pressure.

The SRA guidance issued on 18th November 2024 recognises the unique role of in-house lawyers assisting in prioritising overlapping duties. The guidance addresses conflict of interest, confidentiality and sharing information - in turn, setting expectations with clients, managing conflict, the importance of systems for instruction, together with advising and reporting. It was pleasing to note specific reference to local authorities and the role of the Monitoring Officer.

The SRA said it had taken views expressed during their 2023 thematic review in order to the shape the guidance; adding “Our guidance for employers aims to enhance understanding of solicitors’ professional obligations, and strengthen the support that employers provide to help solicitors to meet them”.

On the issue of conflict, the SRA are clear that where applicable professional principles would be breached by following client instructions, “those which safeguard the wider public interest take precedence over an individual client’s interests, for example, the interests of your organisation”.

Of course, in local government, many of the professional principles are already embedded through the Nolan principles and our codes of conduct (unlike the private in-house sector). But that doesn’t mean that things can’t go wrong. We have enough intervention reports to attest to that position.

It seems the SRA does accede that in the worst of circumstances your job could literally be put on the line. It states, “where wrongdoing persists despite you following all of the internal reporting procedures in your organisation, you should carefully consider whether you can meet your regulatory obligations and continue working for your organisation”. 

In local government, we at least have some protection, but it is vital the government move forward quickly with not just sanctions but enhanced statutory protections for monitoring officers recommended by the Committee on Standards in Public Life back in 2019, and indeed agreed upon by the previous administration.

Aneeka Sarwar

LLG President