Legal Practice Notes

The legal sector is in the midst of swift change, with technology central to redefining how legal services are provided. As outlined in Practice Note: Legal tech—why is it important to in-house lawyers and how to build the team of the future, legal tech describes tools and solutions that assist legal professionals in their roles, or that deliver legal services directly to end users. With progress in artificial intelligence ( AI), machine learning, and natural language processing, the scope for legal tech to drive efficiency, precision, and strategic impact is higher than ever. Yet adopting legal tech alone does not suffice. For in-house legal teams to fully realise its benefits, rigorous planning and considerate rollout are vital. It is not merely about procuring new software or automation, but about embedding these technologies in ways that align with wider business objectives and the legal...

Overview of the IT and procurement departments It is usually larger organisations with several domestic locations and/or overseas offices that maintain a procurement function, chiefly to streamline supplier use across sites and secure group discounts. This team typically oversees major purchasing choices for the whole organisation, including software and hardware vendors, as well as contractors. This setup is prevalent in bigger enterprises with many national sites and multinational footprints, enabling consistent supplier use across locations and access to pooled discounts. They take charge of key organisation-wide purchases, from software and hardware to contractors across the organisation. At times, they also manage the procurement of external legal services, particularly when large international firms support the business globally; however, the legal department will usually insist on at least oversight, if not full control, because you generally hold clearer insight into likely costs and tighter...

Managing the relationship with a distant subsidiary This Practice Note offers guidance for in-house counsel on best practice when working with remote subsidiary companies across the organisation. Here, the term ‘distant’ refers to a part of the business that is not located near your own base. It may sit in another country or simply be positioned some way from you. Ensuring effective working arrangements typically requires greater, more methodical effort on a consistent basis overall......

This Practice Note explains how to plan and deliver a training course or a presentation. It offers guidance on: distinguishing a training course from a training presentation clarifying the aim of the presentation or course pitching your presentation or course appropriately pre‑course or pre‑presentation information managing nerves avoiding ‘death by Power Point’ engaging with delegates tips for online presentations handling tricky delegates gathering and using feedback The difference between training courses and training presentations While it may look like mere semantics, a real difference exists. A training presentation is largely one‑way: a message is delivered with minimal involvement from the audience. A training course is interactive, with the trainer engaging participants so that learning arises through relevant activities and discussion as well as from the presentation. The two formats do overlap at the outset, and this...

When taking up a new role as an in-house lawyer, there are certain fundamentals about your organisation that you need to know. Ideally, these essentials are set out for you at the outset, rather than picked up second-hand by observing others—consistency, after all, is preferable. In most organisations, induction meetings are routine and offered as a matter of course, and you will very likely be enrolled automatically on an induction programme that applies to you. If, however, no induction meetings are provided: arrange meetings with the relevant managers to discuss the core matters you need to understand when joining your organisation—see: Getting the most out of induction meetings—checklist for a checklist of areas to cover suggest to your line manager that you assist your organisation in creating an induction programme as an early task, so you can show at an early stage how you are adding value to your...

Overview of the sales and/or commercial department The sales or commercial function is usually the most customer-facing part of an organisation, acquiring new customers or leads within your organisation’s field, overseeing existing key accounts and spotting fresh opportunities, whether in other sectors or markets, or new ways to develop existing sectors or markets. As the primary driver of sales, they operate at the forefront of any organisation. Sales will work very closely with the marketing department to ensure the organisation’s product and service offerings are aimed at the right market for your business. They must also collaborate with the product development team so they know when any new products/services are due to launch and can keep both existing and prospective clients informed. The sales team are also best placed to relay direct feedback from customers to product development on any new or enhanced...

This Practice Note is designed for lawyers beginning their careers in-house. It outlines what ‘influencing’ entails and showcases its constructive value in the workplace. It also explains why influencing matters and identifies who we ought to influence. For additional support on enhancing your influencing capability, see Practice Note: Developing your influencing skills. What is influencing? Influencing is a broad concept, and covers: ensuring sound decisions are taken—and steering clear of poor choices acting as a trusted adviser across the organisation, with operational risk front of mind, keeping everyone aligned tapping into the influence others hold within the organisation—for the organisation’s benefit shifting towards ‘soft power’—moving away from carrot-and-stick (inducements and threats) to motivating others to want the outcomes you want, with co‑option preferred over coercion demonstrating ‘emotional intelligence’, not merely technical skill It is worth dispelling a couple of myths at this point. To some, influencing appears to be ‘playing...

This Practice Note reviews the abilities required to influence well and gives practical direction on how to practise your influencing skills. For additional insight into the value of influencing, and why and whom we need to influence, see Practice Note: What do we mean by influencing? Influencing tactics Influencing is a continuing journey rather than a single event, and it often calls for a mix of approaches. Below are tactics you can draw on in everyday work. Consider which you already employ and feel confident with, and which you might currently shy away from and could strengthen further. Legitimising and logical persuasion This frequently feels natural for lawyers. Here, you rely on your inherent authority as legal professionals and the standing that accompanies it to convey a legitimacy your colleagues can acknowledge. You can reinforce this by using logic or proof to support your stance. Evidence and facts,...

Practice Note overview This Practice Note steers you through the essential stages of putting a competency framework in place and includes: what is a competency framework? why a competency framework is needed how to secure buy in from senior management how to consult and involve the workforce the most effective ways to communicate the framework reviewing and updating the framework so it continues to fit the organisation’s needs What is a competency framework? In brief, a competency framework sets out the knowledge, skills and qualities required by people in an organisation. Widely used across public and private sectors, these frameworks emerged as employers sought to describe not only the tasks a person should deliver, but the manner in which they deliver them, and how this aligns with organisational needs. Each role or team will have a distinct set of...

The coronavirus ( COVID-19) pandemic marked a profound shift in how many of us do our jobs, overturning long‑standing routines. This note concentrates on hybrid working—flexibility over where work happens—while, unavoidably, also brushing against flexible working, which concerns when we work. An historical context At first, most people laboured at or near home—on the land, in small home-based manufacture, and in local services. The industrial revolution—bringing factories and large-scale farming—meant people had to travel to a workplace so they could collaborate on the same machinery or tend shared fields, flocks and herds. Meanwhile, as printing and related technologies spread, commerce triggered an explosion in document production. People in document-centred roles—for example, lawyers and accountants—needed to be where the papers were stored to avoid generating multiple copies of everything. One driver for the rise of the modern office was to house—and work on—that...

Stepping into a fresh position can feel intimidating, particularly when moving into an unfamiliar organisation and adapting to the contrasts between private practice and an in-house setting. Above all, try not to worry. Provided you are not instantly swept into back-to-back meetings, use your opening week to understand the workplace, your line manager, and the wider team. Should your calendar start to fill quickly, ring-fence a few hours each day to cover the fundamentals—an investment that will reward you many times over later on. This Practice Note is for lawyers beginning an in-house post. It targets sole counsel but will equally apply if you are entering an established legal department. Its purpose is to offer practical guidance on settling into your position and to outline steps to take during week one. It also seeks to reassure you if reality is not quite what was...

Developing business credibility This Practice Note sets out practical, hands-on guidance for in-house counsel on how to build and enhance the legal team’s standing and business credibility within the business. It should be read alongside Practice Notes: Building relationships with ‘business colleagues /clients’ and Developing your commercial awareness / business acumen. The decisive measure of credibility is that business people actively seek your perspective because they value it; put simply, they notice a gap if your view is absent. Ways to develop business credibility include: showing clear support for business goals framing your input so it makes sense to those receiving it, even if they are not immediately persuaded avoiding positions that force you to retreat from an excessively cautious stance, or an overly accommodating or relaxed stance being transparent when you need to enlist help from...

ESG has emerged as a priority for companies worldwide. In many countries, ESG disclosure is already compulsory or under active review. The climate emergency, the pandemic, geopolitical turbulence and the energy shock have shown how deeply businesses influence societies and the natural environment. This Practice Note sets out ESG fundamentals. It outlines the concept and the hurdles for in-house counsel, alongside suggested focus areas to help you manage ESG matters within your organisation... What is ESG? At its simplest, ESG is a catch-all for environmental, social and governance considerations that shape: the obligations organisations must satisfy the way they should run the benchmarks by which they are assessed ESG factors ESG factors are applied to embed responsibility within business practice. ‘ E’ is for environmental. The E in ESG examines the effects on, and from, the natural world and will consider an...

Agreeing the profile If a role becomes vacant because of a departure, consider whether to recruit with identical, lower, or greater experience. Also assess if a strong unqualified support hire might add more value, freeing qualified staff from tasks the support person can handle. Ensure the package parameters are sensible. Many human resources teams default to a lower-range salary, which can effectively screen out the best people. Bypass a wasted effort stage by matching the package to the profile so you can attract the right candidates. Be clear that the package parameters genuinely reflect the role profile, not a default setting that deters suitable applicants. Ensure this alignment from the outset to avoid needless effort and secure interest from those you truly want. Choosing who will be involved in the selection process Decide what part each of the following should play, and at which...

This Practice Note sets out how to embed learning and development ( L& D) within the in-house legal department by aligning it with business strategy, integrating it into everyday activity, and ensuring employees are engaged Positioning L& D in the organisation L& D is too often treated as a standalone function, disconnected from the organisation’s daily operations. To deliver maximum value for money, it must be an integral part of the business. To achieve this, it should: be unmistakably aligned with the business strategy engage employees on an individual basis deliver measurable outcomes For further details on measuring L& D results, see Practice Note: In-house lawyers— Building the business case for learning and development. Aligning L& D with the business strategy To fully integrate L& D, set strategic goals and measures and include them within the firm’s business plan, cascading them to...

This Practice Note explores how to build and embed a knowledge-sharing culture within an in-house legal team. It concentrates on: understanding your organisation’s culture reducing barriers to knowledge-sharing promoting leadership buy-in What is knowledge management? Knowledge management is a discipline concerned with how organisations create and use knowledge, without a single agreed definition. At its core, it is a repeating cycle: capturing, organising and drawing out lessons from work. Research indicates that organisations that excel at managing and sharing knowledge learn more quickly and become more agile and efficient. In short, it is the management of behaviours around knowledge and the extraction of its value. What does good knowledge-sharing look like? Effective knowledge management requires: Knowledge-sharing culture Cultivating a mindset where people use available systems to store information and know to look or ask for what they need. Each team...

Across the organisation, legal guidance is commonly conveyed in writing, particularly within hybrid, rapid-working settings where written channels serve as the principal means. Weak communication may cause confusion, delays, or even create exposure to legal risk. Crisp, succinct and intentional writing fosters trust and makes it more probable that your guidance will be followed and acted upon accordingly. This Practice Note offers advice on communicating effectively in writing, with hands-on pointers on structure and the most suitable ways to send communications successfully. Choosing the right method of written communication A range of written channels is open to us, such as emails, instant messages, reports, briefing notes, slide decks, spreadsheets, too. Although each of these has a role, the predominant written format used is email. It is simple, it is direct, you can file it, and copy multiple recipients easily. For lawyers, who are task- and...

Gaining insight from seasoned colleagues is among the most effective ways to build skills and advance your career. Mentors can help you interpret complex issues you’re likely to encounter as your career grows, and serving as a mentor develops leadership and people skills. This Practice Note supports all who take part in mentoring, whether mentor or mentee, offering practical and pragmatic pointers for success. At the outset of a mentoring partnership, agree clear, appropriate goals so meetings don’t drift into purely comforting conversations. Objectives can be short or long term, and may adapt over time as the sessions progress. setting long- and short-term goals the four Ps of goal setting identifying (and celebrating) milestones along the way knowing what to do at the end of the mentoring relationship For background guidance on what mentoring is and how it can benefit...

Most of us talk all day with family, friends, co-workers and clients; you speak without stopping to consider it. In the workplace, conversation is becoming a lost skill, with email and instant messages taking the reins. Yet, many matters could be resolved swiftly with a brief meeting, rather than spending days or weeks looping on email. This Practice Note explores the craft of conversation and shares tips for making discussions more effective and productive. Practical techniques for better conversations Keep an open mind Do you pause to consider who you’re addressing and what you truly know about them? Frequently, you enter a situation blinkered—replaying past encounters with that individual, armed with fixed expectations about how it will unfold, based on earlier outcomes. A more fruitful approach is to meet that person with curiosity and openness—eager to discover any fresh insight they may bring. It can be...

This Practice Note sets out detailed guidance on creating a learning and development ( L& D) policy. It examines the main considerations to be taken into account, such as: what an L& D policy is who holds responsibility for the L& D policy mandatory regulatory or statutory obligations to be met defining the policy’s scope and content clarifying the policy’s aims methods to develop, draft and put the L& D policy into practice alignment with wider business objectives, and reviewing the L& D policy Specific SRA requirements for training contracts fall outside the scope of this Practice Note and are not addressed here. What is an L& D policy? An L& D policy sets out the organisation’s stance and expectations on developing its people. It typically addresses key areas including training standards, scope, priorities, and the routes by which employees access L& D. An L& D policy differs from an L& D plan, a...