Law society adds whistleblowing guidance for 34,500 in-house solicitors amid horizon fallout
The Law Society has published draft whistleblowing guidance as part of the second version of its ethical practice framework for in-house solicitors.
Developed by whistleblowing charity Protect, the new guidance outlines key considerations for in-house lawyers before raising public interest concerns. It highlights issues such as whether reporting alleged wrongdoing might breach legal professional privilege and the circumstances in which a solicitor may be under a duty to blow the whistle.
The draft document covers categories of wrongdoing including miscarriages of justice, environmental damage, health and safety breaches, and criminal offences.
The guidance forms part of the Law Society’s evolving ethics framework, which has been produced in partnership with the Inter-Disciplinary Ethics Applied (IDEA) Centre at the University of Leeds. The framework is intended to support the more than 34,500 in-house solicitors practising across England and Wales.
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According to the Law Society, the inclusion of whistleblowing guidance follows its identification as a “key priority” for in-house lawyers. The initiative has gained additional urgency in light of recent scrutiny surrounding the Post Office Horizon IT Inquiry, which has highlighted complex ethical challenges for legal professionals working within organisations.
The second iteration of the ethics framework also introduces a model whistleblowing policy template for in-house legal teams.
Law Society president Mark Evans said: “I’d like to thank all members who helped us introduce several enhancements in the second iteration of the framework. Whistleblowing is a key plank in a resilient ethical organisational culture. However, in-house solicitors’ duty to whistleblow could come into conflict with client confidentiality, making it difficult to know whether to report wrongdoing.”
The ethical framework project, which began as a three-year programme, is designed to help in-house lawyers navigate competing professional duties within corporate or public sector environments. It builds on the first version of the framework, which was launched in 2023.
Dr Jim Baxter, professional ethics consultancy team leader at the IDEA Centre, said: “Whistleblowers can find themselves facing unemployment, legal costs or ostracism from colleagues who see them as disloyal. In-house solicitors can feel stuck between a rock and a hard place: as well as all the difficulties any whistleblower faces, they may also risk breaching a professional duty of client confidentiality.
“The first version of our framework contained some provisions designed to make things easier; in this second version, we’ve partnered with Protect to approach whistleblowing head-on. Whistleblowing for in-house solicitors is never going to be easy or simple, but we hope these resources will go some way to support those who want to serve the public interest by standing up against wrongdoing.”
Other new features of the updated framework include interactive training materials to support group workshops, and guidance on how to position the framework with employers. The materials are intended to help solicitors “make the case for an empowered legal function” within their organisations.
The Law Society said the draft whistleblowing guidance has been released for consultation and invited feedback from members of the profession. The consultation will remain open until 26 January.
The society confirmed that responses will help shape the final version of the guidance before it is incorporated into the third and final stage of the ethical practice framework project.
The framework, which focuses on ethics, independence, and professional decision-making, aims to provide in-house solicitors with clear, practical tools for managing conflicts, reporting concerns, and upholding professional standards in complex corporate environments.