The Employed Bar: A day in the life of the Treasury Solicitor
Susanna McGibbon KC (Hon), Bencher and Keeper of the Walks at Lincoln’s Inn, became Treasury Solicitor and Permanent Secretary of the Government Legal Department (GLD) in 2021. She joined the Government Legal Profession in 1993 after three years in private practice at the Bar and was made Honorary King’s Counsel in 2025.
In this article— first published in the Inn’s Annual Review 2023 — Susanna offers a unique insight into one of the most senior legal roles in the Civil Service. From overseeing thousands of government lawyers to drafting legislation and advising ministers, Susanna shares what it’s like to lead the Government Legal Department (GLD) – and why the work of government lawyers is vital to the function of democracy.
What is the Treasury Solicitor?
When publishing me as a Bencher of the Inn a couple of years ago, then Treasurer Jonathan Crow KC said that it is a typically British constitutional quirk that the Treasury Solicitor (TSol) neither works for the Treasury, nor is a solicitor. So, what is the role of TSol and how do I spend my days?
Although there is a Treasury Solicitor Act 1876, it does not really shed light on the role and functions of the TSol, it mainly creates a corporation sole to enable me to hold shares on behalf of government departments. For example, as the single shareholder of the Bank of England! Put simply, the Treasury Solicitor heads the Government Legal Profession as the most senior civil service lawyer. As the Permanent Secretary of the Government Legal Department (GLD), I am directly responsible for the provision of legal advice to most government departments on policy and legislation, commercial law and employment law as well as conducting litigation on behalf of government departments and agencies.
There are a couple of additional titles that go with the job – His Majesty’s Procurator General (King’s Proctor) with a role under the Matrimonial Causes Act – and Crown Nominee, administering Bona Vacantia.
Fortunately, I have excellent teams across GLD doing the hands-on work. It is a huge privilege to lead GLD, an organisation of around 3,000 people, of whom around 2,200 are lawyers. Our core purpose is “to help the government govern well, within the rule of law” and in addition to enjoying the fascinating and unique mix of law and politics, I believe there is a strong public interest in ensuring the government of the day gets top quality legal advice from an impartial Civil Service.
A typical day
I am an early riser and like to beat the rush and get to my desk in good time. Most days I cycle, and I find the exercise and fresh air sets me up well for whatever the day has in store. I might spend the first hour or so with a coffee, reading the weekly reports that are provided by all teams across the department – updates on the legislation making its way through Parliament such as the now completed Online Harms Act 2023, the latest position on Russian sanctions related litigation or the early advice being provided to a Secretary of State as a new policy is being developed. After a quick catch up with my Private Office to review the diary, resolve any clashes and highlight imminent deadlines, I will head off to my first meeting. That might be a cross Whitehall meeting of fellow Permanent Secretaries chaired by the Cabinet Secretary where we will update each other on significant recent events nationally and internationally, key ministerial priorities and matters concerning us as leaders of the Civil Service. Whilst at the Cabinet Office I might pop in to see the GLD team advising the Cabinet Office on the COVID-19 Inquiry and thank them for their tireless efforts, alongside our litigation group, to co-ordinate the HMG response to the Inquiry as well as supporting individual witnesses, both Ministers and senior officials.
In addition to responding to calls from colleagues to deal with the pressing issues of the day, as you can imagine I have a regular rhythm of engagements to keep in touch with the many teams across GLD. I find it very valuable to hear first-hand from people at all levels of the department on topics as wide ranging as career opportunities, pay, flexible working, diversity and inclusion as well as hearing about their casework or advice. So, a typical day might have me attending a divisional meeting of our specialist statutory instrument (SI) drafters discussing the huge task of implementing the primary legislation enacted by Parliament through secondary legislation.
Drafting legislation is a great example of the unique work of government lawyers and we guard and nurture our specialism keenly. Our SI Hub supports all our advisory teams in tackling their secondary legislation programme – taking on a proportion of drafting projects and also acting as a centre of excellence for drafting practice across the department. Immersing myself in the technical detail of drafting a set of regulations is no longer a feature of my practice – probably just as well – but certainly something I found rewarding in the past!
Continuing the theme of legislation and its unique role in government legal work, GLD colleagues work very closely with the Office of Parliamentary Counsel in the preparation of primary legislation. I therefore have regular interaction with First Parliamentary Counsel, currently Dame Elizabeth Gardiner DBE KC (Hon), who is coincidentally, an Honorary Bencher of Lincoln’s Inn. Together we advise on departmental Bills as well as parliamentary and constitutional matters.
Whilst GLD is a non-ministerial department, the Attorney General is accountable to Parliament for our work. It is therefore an important part of my role to ensure both the Attorney General and the Solicitor General are briefed on the key issues we are advising on and the cases we have before the courts. As well as regular briefing from the teams themselves, that will find me popping over to the AG’s office in Parliament for regular meetings and occasionally catching up over a coffee. The AG, as a former Civil Service lawyer is a great champion of our legal teams and is always keen to promote the fascinating and important work that we do. Like me, she is keen that we continually raise the profile and improve awareness of the Government Legal Profession as a rewarding career choice.
We are both very excited about the opportunities we are developing outside London – in our Bristol, Croydon, Leeds and Manchester offices. I try to work from each of these offices at least once every quarter. As well as meeting GLD colleagues, I enjoy building relationships with the Circuits and local law firms, particularly those on the government panels.
After a day of meetings and telephone calls I might get some time back at my desk to catch up on emails and ensure I have everything ready for the next day. Early evening might see me dropping by the Inn on my way home to attend a Call ceremony or a Scholarships Committee meeting. Otherwise, I may be indulging my love of music at a concert at the Wigmore Hall or meeting up with friends for dinner locally. Sometimes of course there is nothing better than ending the day in front of Death in Paradise…!
