Law Society of Scotland
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Working in-house

An in-house lawyer is a trainee or qualified solicitor employed in central or local government, industry or commerce, such as media or energy companies, procurator fiscal service, court administration, and other public or industry bodies. In-house lawyers currently make up between a quarter and a third of Scottish solicitors.  Follow the link to download a full list of roles.

Working in-house differs from private practice and brings its own unique and exciting pressures, challenges and rewards. You will get the opportunity to be directly involved with the business of your employer and to develop specific skills and expertise that you won't find in private practice.

As an in-house lawyers you don't have a traditional client base because you act for your employer. You may find you have a more hands-on approach to the law, more strategic input to its application and a greater variety of work and responsibility than colleagues in private practice.  You are the legal expert responsible for running cases and implementing new legislation so it's vital you keep your knowledge of changes to the law current and accurate.

The in-house sector is currently busier than ever despite the downturn, driven in no small part by business needs.  The loss of staff and knowledge through redundancies, restructuring, looking to global markets, managing risk, regulatory compliance in an increasingly complex environment all contribute to make expert and independent advice from those who understand the business from the inside, essential.

As an in-house lawyer you are a respected player across the business world, something which was demonstrated by the fantastic support offered to the in-house sector in the wake of the Akzo Nobel case (see more on this below). Business organisations, such as the CBI and Chambers of Commerce, joined the UK law societies and politicians to protest the decision and ensure recognition for the specialist role of in-house lawyers, and the advice they give, as essential in supporting economic growth for business now and in the future.

In-house lawyers are subject to the same basic rules that all solicitors operate under but there are exemptions from some rules plus additional restrictions.

A fuller guide to the professional practice issues involved in working in-house has been published by the In-House Lawyers Group. Follow the link to download Guide for New In-House Solicitors.  This covers everything from liability and insurance to payment of the SLCC levy, the issue around privilege to conflict issues.

If you require any professional guidance which is not covered in the Guide, or would like to discuss any issue highlighted in the Guide in greater detail, please contact the Society's Professional Practice Department for assistance:

Professional practice & general issues

Bruce Ritchie - 0131 476 8124 
Fiona Robb - 0131 226 8883
Stella McCraw - 0131 476 8176
John Scott - 0131 226 8894

Akzo Nobel

One key case relating to working in house that you may have heard of is the 'Akzo Nobel' case.

The Akzo Nobel Chemicals Limited and Akcros Chemicals Limited v Commission of the European Communities (C-550/07), concerns the extent to which legal professional privilege (LPP) can be claimed in EU antitrust investigations for legal advice given by in-house lawyers. Follow the link to download guidance for members working in-house in Scotland.

The Law Society of Scotland is of the view that this ruling fails to recognise that all solicitors in the UK and some other regimes are subject to the same stringent regulatory requirements as private practitioners.  See the report, Akzo Nobel: The Society's Approach, for more details of the action we are taking.

Akzo Nobel Update - March 2012

The Society and the ILG are pleased to note that a recent decision of the Scottish Information Commissioner supports the view that this case of Akzo Nobel v European Commission should be limited to EU competition law, and should have no effect on UK domestic law. 

In decision 032-2012, Mr W. Hunter Watson and the Scottish Ministers, the applicant sought to have legal advice regarding the compatibility of the Mental Health (Care and Treatment) Scotland Act 2003 with the European Convention on Human Rights disclosed under the Freedom of Information Act. On reason given by the Scottish Ministers for refusing to supply the information was that legal professional privilege applied. 

Mr Watson contended that Akzo Nobel was relevant as he believed the advice provided to the Scottish Government which he wanted to see, was likely to have been obtained from a legal adviser within the Scottish Government. 

The Commissioner noted that the decision in Akzo Nobel related specifically to EU competition law, and he did not consider it relevant to, or created any precedent on legal privilege in relation to the Freedom of Information Act in this application.

Janet Hood, Chair of the In-house Lawyers' Group said "I am pleased to see that the Information Commissioner has interpreted Akzo Nobel in its correct and extremely limited interpretation as relating to EU competition law only". 

You can see the full decision on the Scottish Information commissioner website here

Case T-226/10 Prezes Urzedu Komunikacji Electronicznej

Update - January 2012. 

How you can help 

The Society is continuing to press the Lord Chancellor to intervene in this case. We are liaising with our colleagues in the Joint Societies Brussels office, and with our colleagues in England and Wales. The Lord Chancellor has asked for examples of in-house lawyers who have represented their employers at the European courts level. We are looking for examples of Scottish in-house solicitors who have acted at this level.

  • If you have ever pleaded a case in the General Court of the European Union please let us know. 
  • We would also be interested in knowing of in-house lawyers making pleadings in preliminary reference procedures. 

If you can help, or know any in house lawyers who have done this work, please contact Neil Stevenson (neilstevenson@lawscot.org.uk), as soon as possible with your details and if you can, details of the case in which you acted.

December 2011 - Update

A briefing note setting out the Society's position can be found here.

October 2011

A recent case has caused further concern around the EU position on in-house lawyers.  This unwelcome new issue arises from the Order of the General Court of the European Union in Case T-226/10 Prezes Urzedu Komunikacji Electronicznej.

The General Court rejected as inadmissible an application from an electronic communications company solely on the basis that they were using in-house lawyers to present their case. The decision proceeds on the basis that employed (in-house) lawyers have no standing in bringing forward a case to the European Courts.  Further information on the case, its implications and the response of the Society can be found in a briefing note on the case.