The independence of the in house lawyer - a warning from history

Abstract

I recall that my strict adherence to Solicitors Code of Conduct by describing my employers as “my client” , in the conduct of written correspondence on behalf of my employers, addressed to solicitors representing the opposing party in a construction dispute, became the subject of much merriment, amusement, hilarity and down right ridicule at the Christmas office party. The “sing-along” across the dinner table echoed the words “my client said to your client, and your client said to my client…” in the same way that “a partridge and a peer tree” would be sung at that time of year. I joined in the spirit of mocking the apparent absurdity and pretentiousness of referring to my employers as “my client”, even though I knew I was strictly complying with my professional rules. The question that this raises is however a serious one.

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