REUTERS | Enrique Castro-Mendivil

The Thomson Reuters Institute has recently published its 2022 State of Corporate Law Departments report. The report captures the experiences of more than 2,000 senior in-house and private practice lawyers globally.

One of the headlines from the report is that 43% of those corporate law department leaders surveyed said that they expect their departments’ total spending on legal matters to increase in the coming 12 months, as opposed to just 21% that said they were anticipating a reduction in spending. This is the strongest indication yet of a significant upturn in the level of legal expenditure that the survey has tracked over the last decade.

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REUTERS | Mark Blinch

The crisis in Ukraine (and the associated developing regime of sanctions against Russia) remains at the top of the agenda for businesses this month. In-house lawyers should also keep track of developments in economic crime, corporate transparency and corporate governance.

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REUTERS | Corbis

I attended a meeting of the Practical Law In-house Consultation Board a few weeks ago. The theme of the round table discussion was career progression in in-house legal teams. The board members had many fascinating insights to share from their own experiences fostering team environments that balance individual motivation and development with team success. The discussion covered a range of topics, including the:

  • SQE and its meaning for the junior legal market.
  • Pros and cons of a “grow your own” approach.
  • Ideal structure of the legal team and its workflow.
  • Important role of non-lawyers in the team.
  • Skill sets needed to thrive in the modern in-house team.

I have reported on the board meeting in more depth in the article Consultation board round table: motivating and developing in-house talent.

REUTERS | Mike Blake

In-house lawyers have had a lot to grapple with in recent years: from advising on the implications of Brexit, through the challenges and opportunities arising from developments in digital technology, to the diverse range of legal problems presented by the COVID-19 pandemic.

Generally, the questions Practical Law Commercial receive through our Ask service reflect these trends. But whatever the hot topic of the moment, one theme has remained constant throughout: we receive many more questions on general contract and boilerplate than on any other topic.

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REUTERS | Ajay Verma

Blog post, Permissive language in contracts: can, may, or is entitled to?, which I wrote for ClarifyNow, discusses the meaning and use of “can” and “may” in contract drafting and in everyday language. I find that there is a clear difference in tone and an arguable difference in meaning. Although “may” is still dominant in contract drafting, the blog suggests reasons to accept “can” as an alternative. It also points to possible risks of ambiguity and inconsistency when drafting contract terms granting or refusing permission.

REUTERS |

Episode 92 of the Hearing is now available.

February was US Black History Month and to celebrate we have a special episode featuring the Law Firm Antiracism Alliance (LFAA). Our guest host, Thomson Reuters’ Chief Legal Officer, Thomas Kim sits down with the LFAA’s co-founders, Brenna DeVaney and Kiisha Morrow.

As you will hear, Brenna and Kiisha have had an inspirational journey. Thomas asks them what inspired them to set up the alliance and what drives them forward. They talk about the inception of the LFAA, as well as the challenges and successes they’ve had so far in their fight against systemic racism. The pair also explain why they believe lawyers are the key to bringing about effective change, and discuss their long-term ambitions for the LFAA.

REUTERS | Luke MacGregor

It has never been harder to divide work and home life. The use of technology, combined with the changes brought about by the COVID-19 pandemic, means that we can work from anywhere, at any time, if we choose to. This is particularly significant where we have clients and stakeholders who have expectations of immediate service. Increasingly, lawyers are struggling to manage feelings of “always being on”. This post discusses how establishing boundaries can help to combat feelings of being overwhelmed.

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REUTERS | A farmer cuts tulips on a field near the city of Creil, Netherlands April 19, 2019. REUTERS/Yves Herman

Episode 8 of The Construction Briefing podcast is now available.

This month, we highlight the latest building safety developments, looking at wide-ranging amendments to the Building Safety Bill, which is currently proceeding through the House of Lords (starts at 0.54 minutes).

We also discuss Power and another v Shah [2022] EWHC 209 (QB), where the High Court dismissed the party wall surveyors’ appeal, finding they lacked jurisdiction to make a party wall award under the Party Wall etc Act 1996 (starts at 22.17 minutes).

Finally, we touch on Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 303 (Ch), where the High Court made an access order under the Access to Neighbouring Land Act 1992 (starts at 37.55 minutes).

For details of previous episodes, see The Construction Briefing podcast.