Solicitors have a duty to report serious concerns or breaches of the Solicitors Regulation Authority (SRA) Codes of Conduct promptly. However, they also owe duties of confidentiality to their employer and communications to which they are party may be protected by legal professional privilege. As a result, it can be difficult to know whether and how to report wrongdoing. 

Accordingly, as part of its recently updated in-house ethics framework, the Law Society is consulting on guidance on whistleblowing as an in-house solicitor, with feedback sought by 25 January 2026. The guidance aims to complement the SRA’s guidance for in-house solicitors (see our briefings here and here) and provide solicitors with a checklist of considerations relevant to decisions to report public interest concerns. Key takeaways include:

1. Whistleblowing policy: Where no whistleblowing policy is in place, encouragement could be given to adapting the Law Society’s model policy (which the Law Society is also currently consulting on, see further on this below). If a policy is in place, it should be followed.

2. Helplines: Those with concerns about confidentiality and privilege can: call the SRA’s helpline on 0370 606 2577or contact them by email at professional.ethics@sra.org.uk; contact the Law Society’s Practice Advice Service; or get confidential advice from the charity Protect.

3. Sticking to the facts: Where possible, disclosures should include specific factual information rather than suspicions or unfounded allegations.

4. Relevant wrongdoing: The information should demonstrate that one of the relevant categories of wrongdoing has occurred or is likely to occur (contrary to legal advice).  The categories include breach of a legal obligation or a criminal offence as well as a cover up of either of these (and see further below in relation to protection available).

5. Public interest: The disclosure should be in the public interest (if the issue centres on your own personal employment it is more likely to be a grievance).

6. Personal impact: Whislteblowing does not provide protection from disciplinary action and so anyone potentially implicated in the wrongdoing may need legal advice. Other potential personal ramifications should also be considered.

7. Privilege: Whistleblowing protection will not be available if reporting breaches legal professional privilege and advice from the SRA may be needed (and see further below in relation to protection available).

8. Conflicting obligations: Consideration should be given to whether a duty to report arises (such as under the SRA Code, relevant employment contract or Proceeds of Crime Act 2002) and whether reporting would breach other requirements. The SRA has provided guidance on the rare circumstances in which the duty of confidentiality can be overridden, such as where disclosure is necessary to prevent harm to children, self-harm or a crime. However, where any of the SRA Principles conflict, those which safeguard the wider public interest take precedence over the client’s interests. A record should be made of the public interest justification for making disclosure.

9. Anonymity: Whether to raise a concern confidentially or anonymously may depend on the risk of victimisation.

10. Internal/External: Consideration should be given to the appropriate reporting route. Raising concerns to a line manager or governing body such as the Board may be sufficient (and may help to avoid breaching confidentiality and privilege).  Using an internal whistleblowing process may allow anonymity (but is more likely to breach privilege).  However, in some circumstances, such as where internal reporting is not possible or has not been effective, a report to the SRA and/or another regulator (such as the Financial Conduct Authority, National Crime Agency or Information Commissioner) may be needed. Concerns about other solicitors or law firms should be reported to the SRA. The SRA has powers to compel solicitors to provide information even where it is confidential and/or privileged and has a ‘red alert line’ for fraud.  Reports to other regulators should not include privileged information (unless an exception applies – see below in relation to protection).   

11. Protection: Like other employees, in-house solicitors benefit from certain protections when whistleblowing such as the right not to be dismissed or suffer a detriment provided the report is a “qualifying disclosure” which meets the following criteria:

1. they reasonably believe that it tends to show wrongdoing within one of the relevant categories has occurred or is likely to occur, including breach of a legal obligation or criminal offence. In most cases, it will be necessary to show that advice has been ignored and that the organisation plans to commit the breach / offence;
2. they reasonably believe the disclosure is in the public interest;
3. the disclosure has been made in accordance with the law;
4. the disclosure does not include information which is subject to legal privilege, for example because it has been disclosed to the whistleblower by a person seeking their legal advice. Communications will need to be analysed to determine to what extent they are privileged and whether sufficient non-privileged information can be disclosed. Some exceptions are available such as the relatively narrow “iniquity exception” relating to documents created and provided to the solicitor for criminal or fraudulent purposes and where privilege has already been waived by the client to whom it belongs. Internal reporting is less likely to breach privilege.

As noted above, the Law Society is also consulting on a model whistleblowing policy template. This was developed with the whistleblowing charity Protect and is aimed at organisations that: do not have a suitable whistleblowing policy in place and may wish to consider adapting it for their own purposes; or wish to review their current whistleblowing policies. Feedback on this is also requested by 25 January 2026.