Lawyers must be ready to give unwelcome advice

Lawyers must be prepared to provide advice that senior management may not welcome, a Law Society ‘Ethics and the Inhouse Lawyer’ update has heard.

This is particularly so where commercial objectives conflict with legal obligations.

In-house solicitors must maintain their professional independence, manage conflicts of interest and ensure responsible use of artificial intelligence (AI) as their role continues to expand, the update heard (20 October).

David Mulvihill (head of practice closures at the Law Society) and Dr Jim Baxter of the University of Leeds’ IDEA Ethics Centre both addressed  the ethical and regulatory challenges facing in-house legal professionals.

Mulvihill said in-house solicitors now account for more than 27% of practising solicitors in Ireland, reflecting the changing nature of the Irish economy and the growth of legal roles in technology, financial services and regulatory environments.

He emphasised that in-house lawyers must understand their responsibilities to their employer while maintaining the independence required of the legal profession.

Their roles may encompass legal advice, business support, compliance and company secretarial duties, creating potential tensions between commercial priorities and professional obligations.

Conflicts of interest

The speakers identified integrity, confidentiality, conflicts of interest, competence, diligence and upholding the rule of law as fundamental principles for in-house solicitors.

Mulvihill stressed that lawyers must be prepared to provide advice that senior management may not welcome.

He recommended maintaining a clear written record of advice to demonstrate that risks and responsibilities have been properly communicated.

Conflicts can arise in employee misconduct investigations, disputes involving directors, disagreements between parent and subsidiary companies, and situations where a lawyer performs both legal and commercial advisory functions.

Mulvihill also cautioned that in-house lawyers must be clear about whom they represent.

“You do need to sit back and say to yourself, well who am I actually advising here?” he said.

Their client is the organisation, rather than an individual employee or director, and employees may need to obtain independent legal advice in certain circumstances.

Inaccurate AI outputs

The webinar highlighted the growing use of AI for legal research, document review and administrative work, alongside the risks of inaccurate outputs and the disclosure of confidential or legally privileged information.

Mulvihill said the use of AI does not transfer responsibility away from the solicitor.

Lawyers must understand the limitations of the technology, verify its outputs and ensure appropriate safeguards are in place when handling sensitive information.

He also discussed developments in AI regulation and the increasing emphasis on human oversight and verification when AI is used in court proceedings.

Ethical practice

Dr Jim Baxter outlined the Law Society of England and Wales’ Ethical Practice Framework for In-house Solicitors, launched in May 2025 and expanded in October 2025.

Developed with the University of Leeds’ IDEA Ethics Centre, the framework provides practical guidance on professional independence, organisational culture and ethical decision-making.

It includes training scenarios, action-planning templates and a protocol that lawyers can present to their organisation’s board to clarify their role, reporting lines, access to decision-makers and resource requirements.

Baxter said the framework had attracted substantial interest, with figures available in June 2026 recording approximately 67,000 page views and almost 20,000 users.

He highlighted the importance of creating workplace cultures in which legal professionals can raise concerns and challenge decisions without being marginalised.

Professional privilege

Whistleblowing emerged as a particularly complex issue in Britain, where in-house solicitors may face tension between professional obligations to report wrongdoing and duties to protect legally privileged information.

Baxter said the British government was consulting on the existing legal and regulatory framework surrounding whistleblowing, with potential implications for protections available to in-house lawyers.

He also referenced the Post Office scandal as an important reminder of the consequences that can arise when professional responsibilities, organisational culture and reporting mechanisms all fail simultaneously.

Both speakers encouraged solicitors to make use of professional guidance, ethical support networks and appropriate reporting procedures when facing difficult decisions.

David Mulvilhill emphasised the importance of maintaining an up-to-date practising certificate if providing legal services, to avoid conduct issues with the regulator.