England and Wales does not issue a municipal license to be a general counsel in Birmingham. The instrument is a practising certificate from the Solicitors Regulation Authority. The SRA's guidance "When do I need a practising certificate?", updated on 25 November 2019, is the working text. A person who is held out as a solicitor must be admitted, on the roll, and holding a current certificate. Pretending to be qualified is a criminal offence under the Solicitors Act 1974. A job title that says "legal counsel" and never says "solicitor" can still be holding out if the company presents the person as one.
Reserved legal activities, Legal Services Act 2007 section 12 and Schedule 2, are the right of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities, and the administration of oaths. Most of what an in-house commercial team does — contracts, procurement, policy, a board pack — is not on that list. The moment the team issues, files, or serves its own claims, the conduct of litigation is in the job. The Court of Appeal, in Mazur & Stuart v Charles Russell Speechlys LLP, [2026] EWCA Civ 369, decided on 31 March 2026, held that only an authorised person carries on that activity. An unauthorised colleague may perform tasks within it for and on behalf of an authorised person who retains responsibility. The Law Society's account of that judgment is the text to brief against. An in-house team cannot treat a non-admitted colleague as the person conducting the litigation.
Section 88 of the Solicitors Act 1974 exempts the solicitor to the Treasury, solicitors in other public departments, the Church Commissioners, and the solicitor to the Duchy of Cornwall. The SRA's 2019 guidance reads "public department" as central government departments, executive agencies, and non-ministerial departments, not as non-departmental public bodies. An NHS foundation trust is not a central government department, so a solicitor at University Hospitals Birmingham NHS Foundation Trust sits outside that exemption. If the trust holds the person out as a solicitor, or the person does reserved work, that guidance and the SRA's note on unregulated employers both require a practising certificate.
Section 1A of the Solicitors Act 1974 deems a solicitor to be practising when employed in connection with legal services by a qualified solicitor, a partnership that includes a solicitor, a recognised body, or any other authorised person. The title can omit the word solicitor, the work can be internal, and the employment can be temporary. The SRA's apply-for-a-certificate guide, updated 21 September 2026, sets renewal at 31 October. A November start that assumes last year's certificate is still live is a close-plan error. Ordinary contract work is not reserved. A hire screened only for litigation admission will miss the counsel who has actually negotiated the company's contracts. Barristers and Chartered Legal Executives are screened on their own regulator's practising status.