Testing times: in-house counsel and independence

Abstract

Independence has long been seen as a key to ethical lawyering. It is associated with improving the quality of legal work, and promoting advice that aligns the client's interests with the 'set of general social norms'. It is seen as so important that it 'defines the lawyer as a professional'. Yet lawyers' independence also presents some difficulties. Despite the exhortations in its favour over many years, the term remains vague and under-developed. Without a clear concept of what is being sought, it is difficult to ascertain what value can be given to it, and what techniques of regulation can be used to encourage it. The process becomes a fairly unproductive one of examining lawyers for traits of independence and failing to find any. This has led more than one commentator to doubt the value of independence as a way of considering legal practice