On the Outside: The Place of In-House Counsel Within Australia's Modern Legal Landscape

Abstract

Australia’s legal profession today has a particularly different look to it than it did a decade or so ago. By and large this is as a result of businesses looking to develop and/or strengthen in-house capabilities. The growth of Australia’s in-house lawyers comes hand-in-hand with an increased scrutiny of, and expectations centred around, their ethical behaviour. While the fabric has changed many of the frameworks have not which means Australia is largely out of step with other global jurisdictions. This paper examines some of the Australian deficiencies concerning professional rules and standards of practice, representation on governing bodies and education and how such shortcomings have the potential to leave Australia’s in-house lawyers fending for themselves.