The job of in-house counsel is a deceptively difficult one.

The Post Office Inquiry made public what is normally never revealed – the advice given by lawyers, including in-house lawyers, to their client. In the process, it has raised issues such as whether there is sufficient training and support for in-house legal teams, as well as the pressure in-house counsel may face from their client, which also happens to be their employer.

In the wake of the inquiry some businesses have already made changes by obtaining additional external training, or reviewing their working practices.

In November 2024 the SRA published a reminder of how the Code of Conduct applies to in-house counsel, with a focus on the pressures they may face (for instance, pressure to use the label of privilege to avoid disclosing documents). That guidance is available here.

Issues of privilege are complex, and although the SRA’s guidance is useful, decisions on privilege can still involve difficult judgment calls. It is always best to record the rationale for difficult decisions on documents or classes of documents as fully as possible, taking external advice to support this where appropriate. My colleagues’ podcast episode, available here, contains a useful general overview of privilege, and we can also provide tailored, specific advice on the knottier disclosure issues in-house counsel and clients may face.