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CCCA_V7No3_Spotlight-FIN_CCCA_V6No4 13-09-24 1:56 PM Page 39 Spotlight on… In-House Counsel Worldwide discouraged from making full disclo- private practice counterparts, their ers and in-house counsel within a sure to their legal representative for clients deserve the same protection. jurisdiction. Our aim is for a univer- fear of self-incrimination or disclosure There are sufficient restrictions on sal code of privilege that facilitates of sensitive commercial matters. the application of the rule to ensure cross-jurisdictional engagement and The status and application of legal its application is limited to instances enshrines the rights of clients to professional privilege varies across where the dominant purpose of the choose to employ in-house counsel jurisdictions, but the core tenet of communication for which privilege instead of, or in conjunction with, enabling client and lawyer to commu- is sought is to obtain legal advice and external lawyers with the same client nicate with total candour is central to not commercial or other input. protection. the legal profession. In-house Counsel ICW supports ongoing education Worldwide (ICW) supports the uni- for all lawyers, and believes that in- Work collaboratively versal concept of legal professional house lawyers need to be aware of the Moving forward, ICW intends to work privilege or a professional doctrine of rules attaching to privilege in the juris- collaboratively where practical; CCCA confidentiality for all lawyers regard- dictions in which they operate and to members will benefit from the sharing of less of whether they are in private educate their organization about the valuable ICW member resources such as practice or work for an organization use and retention of privilege. templates and exposure to international as an in-house lawyer. ICW does not condone any form best practices. ICW believes that as in-house of differentiation in relation to the As to shared opportunities for learning, counsel are subject to the same pro- application of privilege or confiden- the In-house Counsel World Summit fessional standards and duties as their tiality as between private practition- will be held in Singapore June 4-6, 2014. assuming more roles as process managers, educators and busi- jurisdictions, says Taur-Jiun Wong, President of the Singapore ness account managers. Corporate Counsel Association. These include: • Develop tools, programs and processes to efficiently manage • Constant pressure to maintain or cut costs that results in under- the increasing volume of legal matters. staffing (either in terms of lawyers or support staff) or under- This will require different skills: project management and height- training. ened communication skills match importance of legal knowledge. • A lack of mobility since career progression internally is difficult as organizations are increasingly flat; meanwhile there are very Malaysia: few opportunities to go back into private practice. In Malaysia, the biggest challenges are the lack of formal profes- • A need for more continuing legal education opportunities. sional recognition, lack of accreditation and lack of interest amongst in-house counsel themselves to join hands to improve their Canada lot, says Thavakumar Kandiahpillai, President, Malaysian Corporate Canadian in-house counsel are also being tasked to do “more Counsel Association. This results many in-house counsel: with less,” says Cathy Cummings, Executive Director of the • Struggling with unclear job descriptions, low pay and benefits, Canadian Corporate Counsel Association. At the same time, they and minimal networking and sharing. are being challenged to: • Citing lack of time or other operational priorities as preventing • Undertake more work, with fewer resources, while managing them from planning strategically for the profession. client expectations that include taking a much more active role • Tending to join the MCCA and volunteering if they are already on leadership teams within their organizations. successful in their careers and are aware of the benefits. • Manage risk and advise within a Canadian legal framework Kandiahpillai wishes more would join in and see how their where, in many sectors, regulatory compliance is becoming careers could improve with more opportunities and learning. more complex and onerous. • Increase their knowledge of global compliance, and ensure their Singapore: organizations adhere to these obligations, as Canada’s trade The challenges faced in Singapore are not unlike those in other becomes ever more global in nature. AUTOMNE 2013 CCCA Canadian Corporate Counsel Association 39