UIA Position Paper on the Status of In-House Counsel

On 31 January 2026, the UIA Governing Board adopted its Position Paper on the Status of the In-House Counsel. Through a comprehensive survey conducted across 35 countries, the UIA In-House Counsel Commission examined how different legal systems regulate the legal status of in-house lawyers – including their bar membership, ethical obligations, and legal privilege of their legal advice.

🔍 Key Findings:

• The status of in-house counsel varies widely: in 18 countries qualified lawyers are members of the Bar, while in others they are excluded.
• Where admitted to the Bar, in-house counsel generally enjoys legal privilege of their legal advice and are bound by the same ethical and disciplinary rules as lawyers in private practice.
• The question of  the employment status and independence  remains central in the countries where the qualified in-house counsel is not admitted to the Bar – yet many jurisdictions successfully ensure intellectual independence of the in-house counsel through legislation, ethical codes, or contractual safeguards.
• Excluding in-house counsel from professional protections creates inconsistencies between qualified lawyers and across jurisdictions.

⚖️ UIA Position Paper:
To strengthen the rule of law and uphold clients’ right to confidential legal advice, the UIA:

• Commits  to promote the advancement of the legal systems and encourages legislators, law societies, bar associations and lawyers to consider reforms allowing qualified in-house counsel to be members of the Bar and to benefit from legal privilege.
• Supports  initiatives that protect legal privilege and promote equal professional status of all qualified lawyers -– whether in private practice or corporate settings.