An organisation representing in-house lawyers has criticised the Law Society for its failing to understand the sector in its guidance on whistleblowing. The Eagle Club, a global network of female general counsel, said advice issued last October 'falls short in a number of areas and risks exacerbating current problems'.
The Society published the guidance to answer questions on whether and how to report wrongdoing. It opened the document for consultation and invited responses from the profession. The guidance stressed from the outset that solicitors had a duty to the rule of law and wider society – which comes with an obligation to report wrongdoing – but that they are also bound by duties of confidentiality and the principle of legal professional privilege.
Whistleblowing in the in-house profession is a talking point now following the Post Office scandal where general counsel were accused of failing to report concerns to the chief executive and losing their independence.
The Eagle Club, founded by general counsel Lesley Wan, said it was a ‘contradiction and an impossibility’ to state that an in-house lawyer must both report wrongdoing and maintain privilege and/or confidentiality.