In a large company, the legal department has teams by area of law, a general counsel, assistants and a budget for outside counsel. In an SME or a small mid-sized company, the law often fits into a single office: that of the first in-house lawyer, hired when the owner-manager finally realised that contracts, disputes and compliance questions exceeded what the accountant and the long-standing outside lawyer could absorb.
This job is unlike any other. In the morning you handle a distribution agreement, in the afternoon a formal notice from a supplier and a question from human resources about terminating a contract, the next day a claim to file with the insurer. This article describes these duties, the relationship with outside lawyers, the profile an owner-manager looks for, then the CV that fits and career prospects.
A position apart: the company’s first in-house lawyer
The first in-house lawyer of an SME holds a newly created position, or almost. Before them, legal matters were handled by the owner-manager, the finance director, the accountant and one or two lawyers called in case by case. Three consequences follow.
They have to build the function. Contract templates, approval procedures, a litigation tracker, a register of delegations of authority, a risk map: often, none of it exists.
They report very high up. Usually to the owner-manager or the finance director, which gives them an overview of the company and direct access to decisions.
They are alone. No fellow lawyer to check a clause or debate an interpretation. They must know when they can decide alone and when to call on an outside lawyer.
This position differs from the avocat’s job on one essential point: the in-house lawyer is an employee of the company, their “client” is internal, and they know the business intimately. The article in-house lawyer or avocat compares the two careers.
Day-to-day duties
Duties depend on the sector, but the same blocks almost always come back.
Contracts
This is the heart of the job: customer and supplier contracts, general terms of sale and purchase, confidentiality agreements, distribution, subcontracting and service agreements, commercial leases. The in-house lawyer drafts and negotiates, and above all trains sales and purchasing teams to spot sensitive clauses.
Pre-litigation and litigation
Formal notices, debt recovery, disputes with customers or suppliers, complaints. The in-house lawyer handles the amicable phase alone and manages outside lawyers when the matter goes to court.
Company law
Corporate housekeeping for the group’s companies, often with the accountant or an outside firm: general meetings, approval of accounts, delegations of authority.
Employment law, supporting human resources
In an SME, the in-house lawyer is often called on by the HR manager: employment contracts, non-compete clauses, disciplinary procedures, terminations. They do not replace the HR function, but they make its decisions legally secure. It helps to know closely the mutual termination procedure as run by the HR department 🔗, to see where the legal risks lie.
Compliance
Personal data protection (record of processing activities, privacy notices, contracts with processors), anti-corruption measures in companies subject to the Sapin II law, sector regulations. The sole in-house lawyer is often also the GDPR point of contact, or even the appointed data protection officer.
Insurance and intellectual property
Filing and following up claims, renewing policies, registering and monitoring trademarks, licence or assignment agreements.
Working with outside lawyers
The in-house lawyer of an SME does not do everything themselves. Much of their value lies in the way they select and manage outside lawyers.
Knowing when to outsource. Disputes requiring representation in court, sale or acquisition deals, very technical questions (tax, competition, complex employment law) often call for an outside lawyer. The in-house lawyer prepares the file, defines the need and follows the work.
Controlling the budget. The owner-manager expects the in-house lawyer to bring down outside fees, not merely to replace them with their own presence. Requesting quotes, negotiating fixed fees and scoping engagements in writing are part of the job.
Being a demanding counterpart. Outside lawyers appreciate an in-house lawyer who sends them a clear file, with documents and a chronology, and asks precise questions.
For a lawyer coming from a law firm, this change of position is instructive: they now see the outside lawyer from the client’s side.
The profile an owner-manager looks for
An SME owner-manager recruiting their first in-house lawyer is looking less for a sharp technician than for a reliable, pragmatic generalist. Their expectations come down to a few points.
- Versatility: having already dealt with contracts, litigation and, ideally, employment law and compliance.
- Autonomy: being able to handle most matters alone, with no team behind you.
- Operational sense: saying “yes, provided that…” rather than “no”, proposing solutions that allow teams to move forward.
- Teaching skills: being able to explain a risk to a salesperson or a manager in a few sentences.
- Knowledge of the sector, often decisive: an in-house lawyer who already knows the standard contracts and regulations of industry, construction, retail or digital will be operational faster.
The profiles recruited often have three to eight years of experience, in a law firm or a larger legal department, with a master 2 in business law or contract law.
Building your CV as a generalist in-house lawyer
The CV of a candidate for this position must show both the breadth of the spectrum and the ability to work alone.
A profile line that sets out your profile
“Business lawyer, six years of experience including three as sole in-house lawyer of an industrial mid-sized company: contracts, pre-litigation, company law and GDPR compliance.”
Experience described in blocks
For each position, a context line (company size, sector, reporting line), then one bullet per block of duties:
- Before: “Handling all of the company’s legal matters.”
- After: “Drafting and negotiating customer and supplier contracts, setting up a template library and an approval procedure; managing five commercial disputes with two outside firms, with a budget reviewed quarterly.”
Signs of autonomy
Mention what you built (procedures, templates, team training), your reporting line and your role in managing outside counsel. Respect confidentiality: no customer, supplier or counterparty names. The article matters and professional secrecy on a CV gives the method, which also applies to in-house lawyers.
Tools
Contract management software, e-signature, legal databases, compliance tracking tools: cite those you use. The article legal tech tools on a lawyer’s CV presents those also found in companies, and the article which skills to highlight helps you sort them.
The pre-filled in-house lawyer CV and the pre-filled commercial contracts lawyer CV offer two starting points. The AvocatCV builder takes care of the layout and produces a PDF that screening software reads correctly, software that is increasingly used even by SMEs recruiting through an agency.
Moving up to head of legal
The sole in-house lawyer position is often a springboard to heading a legal department, in two ways.
In the same company, as it grows: the in-house lawyer recruits a first colleague, then builds a team, and becomes head of legal or general counsel.
In another, larger company: the experience of a position where you built and managed everything is valued when taking charge of a small legal department.
Other paths exist: focusing on one area (compliance, data protection, international contracts), moving to a law firm, or joining the bar through the bridge reserved for experienced in-house lawyers.
Frequently asked questions
Do you need to have been an avocat to become sole in-house lawyer of an SME?
No. Many sole in-house lawyers come from a larger legal department, where they built a solid foundation. Law firm experience is appreciated, particularly for litigation, but it is not required.
Can a junior in-house lawyer hold this position?
It is rare and risky, with no colleague to learn from. Owner-managers generally look for a few years of experience. A junior can, however, take such a role in a company that keeps a very present outside lawyer.
Must the sole in-house lawyer be the company’s DPO?
Not necessarily, but it is common. Appointing a data protection officer is mandatory only in certain cases, and it requires specific knowledge and no conflict with other functions.
How does pay compare with a large group?
It depends on the company, the region and experience. The position often makes up for sometimes more modest pay with broad responsibility and direct access to management.