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CCCA_V7No3_Spotlight-FIN_CCCA_V6No4 13-09-24 1:56 PM Page 38 Spotlight on… In-House Counsel Worldwide gaining recognition for in-house counsel significant input from a number of mem- should be paramount and they should be globally, in some countries, including some bers from ICW organizations. free to instruct in-house counsel and in the ICW network, in-house lawyers Speaking in one voice, while recognizing obtain the same protection that they can have very limited status in terms of privi- the diversity of the ICW membership, the receive from instructing any other lawyer.” lege, and even in terms of being recognized statement “is designed to be aspirational for as practising lawyers,” says Helen Mackay, lawyers in jurisdictions where in-house The ICW Declaration of June 2013 reads Executive Officer of the Corporate counsel do not have privilege. It also brings as follows: Lawyers Association of New Zealand. attention to the need to protect privilege The concept of protected commu- In recognition of the importance of for in-house counsel who currently attract nications between lawyer and client privilege for in-house counsel, in 2013 it, as shown in the European Union where was first recorded in England back in ICW published an Aspirational Legal in-house lawyers lost privilege,” she says. the year 1577. It stems from the “oath Privilege statement, the organization’s first The next steps are to conduct research and honour” of the lawyer and is for published thought leadership piece. “The and comparable analysis of privilege in dif- the benefit of the client. It is based on statement underscores ICW’s belief in the ferent jurisdictions and to develop a work the fundamental principle that a client universal principle that all in-house lawyers stream that has a watching brief around the must be able to communicate frankly around the world who are properly quali- world. “When privilege is threatened any- and fearlessly with their lawyer to fied and regulated as lawyers in their juris- where in the world it has an impact on all obtain proper advice. Without that diction should attract privilege on the in-house lawyers, as we are all part of an communication being protected, the same terms as private practice lawyers,” says interconnected global economy,” she says. quality of the advice by the lawyer Mackay, who authored the statement with “The needs and choices of the client would suffer as clients would be Universal challenges Globally, in-house counsel face many common challenges. Asked the Corporate Lawyers Association of New Zealand. As a result: about the greatest challenges for in-house counsel in their jurisdic- • The overall responsibilities and workloads of most legal teams have tion, here’s what some of CCCA’s ICW colleagues had to say: increased while the resources available to teams have diminished. • The challenge is to be smarter, more efficient and to ensure United Kingdom: clear boundaries are set for internal clients so the legal team is In the United Kingdom, the continuing state of the economy being engaged effectively. remains a challenge, says Mark Harvey, Chair of the Commerce & • Many legal teams have refocused their priorities on work that is of Industry Group. This is still apparent on several fronts: high strategic value to the organization while up-skilling internal • Organizations are concerned about overheads and staff costs. clients to manage less complex matters under clear guidelines. This is also very relevant this year with requirements on pension auto-enrolment which increases costs so legal teams can be Belgium: under threat for their numbers. According to Anne De Wolf, general manager Institute for • There continues to be a big arena for litigation and in-house Company Lawyers in Belgium, in-house counsel face a daunting counsel must ensure that they are fully protecting their organi- challenge: manage the rising workload and legal risks, caused by zation’s interests and rising quickly to challenges faced. increasing regulatory and mounting liabilities, while resources • Commercial arrangements continue to be hard-fought and in- remain steady or decline. house counsel must be diligent and pragmatic when negotiating In-house counsel will have to change the way companies man- contracts. age legal risks: • Evolve from legal risk advisors to legal risk managers, focusing New Zealand: resources on key legal risks and assuring involvement of the In New Zealand the greatest current challenge is the demand to do legal department in decision-making. “more with less,” according to Helen Mackay, Executive Officer of • Shift responsibility for compliance to the business, while 38 CCCA Canadian Corporate Counsel Association FALL 2013