Lawyers and Lawyers: In-House Lawyers and the Legal Profession

Abstract

In-house lawyers in Britain¹ see themselves as a part of the legal profession, and are recognised as such by private practitioners. This broad statement, however, conceals some intriguing tensions within the relationship in relation to such matters as the division of the profession into solicitors and barristers, and in terms of debates on professional independence and professional ethics. The analysis in this book of the workings of this ‘organisational’ branch of the legal profession also suggests comparison with the organisational setting of the profession at large and prompts some thoughts too on wider issues of the organisation and delivery of legal services in society — what lessons are there for the business of law from a study of lawyers in business? This chapter concentrates on the in-house lawyer as a case study on the sociology of change in the professions — what are the issues raised for one of the most traditional of professions by the advent of the salaried lawyer in business (bearing in mind that similar considerations will apply to salaried lawyers in other organisational settings)? The question of legal services and organisational features of the legal profession will be dealt with in more detail in the next chapter.