Ten Things You Need To Know As In House Legal Counsel

November 15th, 2022 | Updated on December 2nd, 2022

An in-house counsel can have different roles, depending on their employer. Some are lawyers who provide only legal advice or act as outside general counsel for the company.

Others are responsible for the day-to-day running of a company or subsidiary and may make decisions on non-legal matters. A Criminal Defence Lawyer offers both legal and non-legal advice.

What To Know About In-House Criminal Defence Lawyers?

1. The Relationship With The Company

The in-house counsel’s role will depend on your employer’s relationship with you. As a criminal lawyer or legal adviser, you must provide objective and independent advice to your client.

Your employer expects this kind of service from in-house counsel (as they would expect from outside general counsel).

Still, if you have another role, it may be necessary for your employer to draft a contract or memorandum of understanding setting out the nature of your role and how you are expected to behave.

2. Issues That A Prosecution Will Focus On

An outside general counsel will advise your company on legal compliance issues, such as employment contracts, customer protection, and tax.

You may also provide advice about business risks, such as taking on new partners or entering into a joint venture. Criminal matters are generally not included in the scope of your services.

3. Issues That Are Likely To Be The Subject Of Criminal Investigation

Criminal Defence Lawyers may find yourself advising your superiors on matters related to criminal activity within your business.

For example, you may be asked to investigate an alleged breach of the company’s privacy policies by a staff member or decide whether the company is subject to corporate governance regulations.

Criminal prosecutions are infrequent in this situation; however, you would need to advise your employer that they should respond appropriately before making a decision.

4. What The Prosecution’s Main Arguments Will Be

As an intervener at a trial, you will have the right to be present, make submissions, and ask questions of witnesses.

However, you need to understand the defense case before you can be effective in your role. Your client will likely have provided little detail at this early stage.

However, you may get some indication from other parties or witnesses, depending on the circumstances of the case.

5. The Role Of Other Employees

It may be helpful to talk to those who have some knowledge of the situation. If a witness is crucial, consider putting them on notice and making entries in a witness book.

You may also consider applying for an order for disclosure or use immunity. A best criminal defense attorney should inform your client if you intend to do so and discuss your reasons.

6. The Criminal Defense Strategy

There are no ‘one-size-fits-all’ ideas about how to respond to the prosecution case. The best criminal defense attorney will understand your client’s business and what it is facing.

The strategy should reflect the strengths of their arguments (which should ideally be communicated in advance) and the weakness of the prosecution case.

7. The Importance Of Discretion

Criminal law firms expect their clients to keep criminal defense information confidential. As in-house counsel, you may have to advise your client on how to approach the media or public statement.

You should know how they may react to the prosecution case and other developments in the investigation and your client’s response.

8. Who Is Responsible For Providing Evidence

In many cases, a criminal defense lawyer will be called an intervener at trial (in which case you would work on the file at that stage).

You may also be called to give oral evidence, for example, if you are claiming privilege or objecting to the admission of evidence. However, in some cases, your evidence may not be given at trial, for example, if you are unavailable.

In those situations, the court will require a statement detailing the evidence you would have given because criminal defense lawyers must consider issues relating to privilege and fairness before giving their clients instructions.

9. Which Witnesses Must You Give Evidence

In most cases, you will be required to identify the witnesses who will give oral evidence in your client’s case. However, your client may only be required to name their witnesses once they have been called during the trial.

10. The Public And Media Interest In A Criminal Case

As a defense attorney, you may be interested in a trial’s media reporting. You may consider that coverage of your client’s case has been unfairly portrayed or may want to publicize your client’s position to explain their actions or correct inaccuracies.

You should also ensure that your client does not make damaging public statements about the case.

Conclusion

As a criminal lawyer, you must use your education and expertise in law to provide valuable information to your clients. If you are called a defense lawyer, you must be able to provide the best service to your client because their future will depend on it.

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