Employed solicitors form a vitally important and growing part of the legal profession.
By 2000, almost 20% of practising certificate holders worked in the employed sector, compared to only 14.8% ten years ago.
More than 3,000 solicitors work for local government and more than 6,000 for employers in commerce and industry.The Law Society recognises the value of employed solicitors.
As both providers and users of legal services, they give valuable advice to the Society on a wide range of issues, from matters of corporate governance to client care.The need to protect and enhance the status and importance of employed solicitors and legal departments is high on the Society's agenda.
We are one profession and the Society is keen to avoid artificial divisions between sectors.Where this split has occurred in other jurisdictions, it has frequently resulted in lower status for the employed sector.
There are great benefits to be gained by ensuring that all solicitors have the option of moving from one role to another within a single profession, without loss of status.It is important to recognise the many different strands of opinion within the employed sector.
The Society is keen to hear about all these views and to take them fully into account in developing its policies.
In response to the recent Office of Fair Trading report, some employed practitioners want the option of offering legal services to the public.
Others are more comfortable with the current regulations as they stand.Law Society practice rule 4, precluding a solicitor from acting for persons other than the employer, is currently being reviewed by the Society's regulation review working party, which includes employed solicitors, ensuring that their voice is fully heard in that debate.Of course, if there were to be a relaxation of practice rule 4, the Society would be determined to maintain safeguards for independent and unbiased legal advice in the interest of the consumer.
But that concern will be fully shared as much by solicitors in the employed sector as by those in private practice.The Law Society has achieved some important victories on behalf of employed solicitors.
It insisted on pressing the case for employed solicitors' higher rights of higher and will continue to defend them if others try to drive a wedge between private practice and the employed sector.The Society also monitors developments in Europe and lobbies on important issues on behalf of employed solicitors.
One recent example is the work done by the Society's Brussels office on legal privilege for in-house lawyers.
In Australian Mining & Smelting Europe Ltd v Commission [1983] 3 WLR 17, the European Court of Justice concluded that written advice from in-house lawyers could be inspected by the commission during its enquiries into alleged breaches of competition law.
The Law Society has joined with the European Confederation of Company Lawyers' Associations (ECLA) to lobby for the application of the non-disclosure principle to communications between a company and its in-house lawyers, and not just to lawyers in private practice.One of the most effective ways in which the Society advances the interests of employed solicitors is through partnership with groups.
Two well-established groups are the Local Government Group (LGG) and the Commerce and Industry (C&I) Group, both of which have two reserved seats on the Society's ruling council.
Employed solicitors are, of course, also eligible to stand for constituency seats.The LGG helped ensure that the needs of the employed sector were incorporated into the Lexcel accreditation scheme when it was formulated.
Since then, local government solicitors have taken great advantage of the scheme.
As of late September, 71 out of 177 awards had been given to local authorities.
Solicitors working in local government and commerce and industry also provided informed guidance towards the Society's governance and management reforms which are now in place.The council will be re-examining the principles on which the Society provides support to groups.
But it was clear from the council debate earlier this month that there is recognition across the whole council of the importance of the groups and of the value of the support they provide for their members.The Society provides a structure for the employed sector to take trainees.
There are approximately 250 trainees currently in local government and commerce and industry.
In addition, the Society monitors a local government diploma, introduced in 1984 following collaboration between the Law Society, the LGG and the College of Law.This diploma course is valuable for local government solicitors, not only in career development terms but also for the practical relevance it has to the working day.
Some 425 candidates have already completed the course and are well on the way to achieving what has become the foremost qualification in the field.To represent the interests of all solicitors, the Society needs to be fully connected to, and involved in, the causes of employed solicitors.
I invite all employed solicitors and their groups to support and work in partnership with a renewed and proactive Society, which puts the interests of all solicitors an d the business of law at the top of its agenda.
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