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ARTICLE · 13 OCTOBER 2014

Another ‘Wake Up’ Call For In‐House Lawyers

Hausfeld & Co LLP
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Alastair Brett v Solicitors Regulation Authority; a recent reminder to in‐house lawyers of their dual duties to client and Court – a cautionary tale all in‐house lawyers should have across their radars.

United KingdomLitigation, Mediation & Arbitration
Sascha Hindmarch
Sascha Hindmarch
Aimee Brookes
Aimee Brookes
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Alastair Brett v Solicitors Regulation Authority1; a recent reminder to in‐house lawyers of their dual duties to client and Court – a cautionary tale all in‐house lawyers should have across their radars.

KEY POINTS:

  • THE DUTY TO THE COURT IS FIRST AND FOREMOST AND WILL 'TRUMP' THE DUTY TO THE CLIENT WHEN THE TWO CONFLICT.
  • IN-HOUSE LAWYERS OWE DUTIES TO THEIR CLIENT – THE BUSINESS – AND AS FIDUCIARIES ARE NOT MERELY FUNCTIONARIES OF THE BUSINESS.
  • IN-HOUSE LAWYERS SHOULD HAVE IN PLACE CLEAR POLICIES, PROCESSES AND PROTOCOLS AROUND IDENTIFYING THE 'CLIENT', PRIVILEGE AND WAIVER.
  • IN-HOUSE LAWYERS SHOULD ALSO HAVE IN PLACE CLEAR POLICIES, PROCESSES AND PROTOCOLS AROUND ETHICS SUCH AS 'UP THE LINE REPORTING'.

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