What's on the minds of in-house lawyers lately? Sandy Leen takes a closer look.

A new survey has provided an insight into what issues are preoccupying in-house counsel. According to the latest Deloitte Legal In-House Survey, the top issue is keeping on top of emerging and complex issues. This is closely followed by the perennial concern of providing value to the business. The survey, which covered 110 corporate lawyers at the Australian Corporate Lawyers Association conference, sought to identify perceived challenges faced by in-house counsel as business matters become more complex.

While 70% of respondents were comfortable with their current levels of technical training, 25% expressed concern that they would not be able to maintain the required level of training on emerging issues in the future. Some respondents believed this may be due to the increase in volume of regulation at the Commonwealth and state levels, which is growing at a rate of 10% pa.

Wes Nobelius, deputy general counsel at Qantas, said keeping up to date with emerging law is difficult, but it can be done. "It's a real priority for us. The law firms we use include us in their education programs. We have lectures and updates during lunch hours. You've just got to make time for it."

Updates from external law firms and other organisations was the method most highly valued by 71% of respondents.

Providing value to the business while remaining objective continued to be a major concern, according to the survey. Peter Turner (pictured), CEO of Australian Corporate Lawyers Association, believes in-house counsel with intimate knowledge of their client's business will always be in a position to provide value. "The lawyer's contribution may not be as direct as an engineer, but the contribution is real. If a lawyer can construct a contract in a way that it saves money for the organisation, then it's clear the lawyer is adding value."

The concern about providing value is more pertinent than ever, with recent case law questioning the rules around client legal privilege for in-house counsel. Nobelius said that both the legal team and the client need an appreciation of the boundaries between legal and commercial advice, and the dangers of mixing the two. "We have strict rules. We give legal advice and don't veer into commercial advice. Our clients are well educated on that point … We've got to maintain our independence so that we have the same legal protection as external counsel."

In-house counsel at Caltex Australia are also mindful of separating themselves from the business. "We work in a separate area and have lockable cabinets. Any sensitive work which can't be dealt with in-house is sent out to external advisors to preserve privilege," said one spokesperson.

The majority of respondents believes they have sufficient resources to meet their organisations' current challenges, but to do so, 28% said they were juggling several matters at once and 25% remain reliant on external service providers.

External service providers may experience a slowdown in work from in-house counsel if 35% of respondents are correct in predicting a significant trend to bring more matters in house. Another 47% believe that the trend is to bring resources in-house where practical and efficient to do so.

Consequently, more than 60% of respondents indicated that their in-house legal team will grow in the next 12 months. This continues a trend over the previous year for in-house teams to expand.