By Wendy Yang -
Ethical considerations form a critical part of practising law. As legal practitioners, we owe obligations to a variety of stakeholders. From our clients to the courts, the broader profession and to the broader community, solicitors often serve a variety of different interests and there may be times where the right path is not always straightforward.
As Linden Barnes, Senior Ethics Solicitor at the Law Society of NSW, points out, ethics is important for all solicitors, and it is especially important for those working in-house. “[W]hen you’re in house, you feel … a little bit more removed from the profession … we are cocooned within our employer and so we don’t have that same sense when you’re in a law firm …,” she says.
Barnes has mostly worked in-house throughout her career and drawing from her own experiences, she understands the dynamics of working in-house. “When you’re in-house, you’re an employee in an organisation and it can feel quite removed from the day-to-day of being a solicitor. …
“[W]e absolutely are still solicitors, and so ethics in that environment are even more important reminders … that we have our own professional ethical code and [it’s] very different to all our other colleagues,” she says.
Barnes points out that the main difference between in-house and private practice is client identification because in-house legal practitioners are usually working for their employer and there may be subsidiaries or related entities to consider. She encourages practitioners to consider who they are acting for. “So that’s one of the real pitfalls … we have to be even more aware of when there’s a separate entity involved in the advice we’re giving and whether we can actually provide advice … unlike directors who can bundle everyone’s interests into … one group, solicitors can’t,” she says.
Barnes will be joining the upcoming In-House Corporate Lawyers Forum session “Ask the Law Society – Ethics, Practice and Regulation Unpacked” on 11 August 2026. The session will moderated by Michael Guilday, Chief Legal and Risk Officer at Sydney Fish Market and attendees will have the opportunity to ask questions and hear directly from the Law Society on a range of issues from ethics to regulation and legal practice.
Barnes encourages in-house legal counsel to attend and hopes that practitioners walk away with the feeling that they are part of a community. “The biggest takeaway is that we’re all in it together,” she says.
To register, click here. Tickets are complimentary for members.
