In-House Lawyers' Ethics

Institutional Logics, Legal Risk and the Tournament of Influence

Nonfiction, Reference & Language, Law
Cover of the book In-House Lawyers' Ethics by Richard Moorhead, Cristina Godinho, Dr Steven Vaughan, Bloomsbury Publishing
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Author: Richard Moorhead, Cristina Godinho, Dr Steven Vaughan ISBN: 9781509905935
Publisher: Bloomsbury Publishing Publication: November 29, 2018
Imprint: Hart Publishing Language: English
Author: Richard Moorhead, Cristina Godinho, Dr Steven Vaughan
ISBN: 9781509905935
Publisher: Bloomsbury Publishing
Publication: November 29, 2018
Imprint: Hart Publishing
Language: English

This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.

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This book provides an empirically grounded, in-depth investigation of the ethical dimensions to in-house practice and how legal risk is defined and managed by in-house lawyers and others. The growing significance and status of the role of General Counsel has been accompanied by growth in legal risk as a phenomenon of importance. In-house lawyers are regularly exhorted to be more commercial, proactive and strategic, to be business leaders and not (mere) lawyers, but they are increasingly exposed for their roles in organisational scandals. This book poses the question: how far does going beyond being a lawyer conflict with or entail being more ethical? It explores the role of in-housers by calling on three key pieces of empirical research: two tranches of interviews with senior in-house lawyers and senior compliance staff; and an unparalleled large survey of in-house lawyers. On the basis of this evidence, the authors explore how ideas about in-house roles shape professional logics; how far professional notions such as independence play a role in those logics; and the ways in which ethical infrastructure are managed or are absent from in-house practice. It concludes with a discussion of whether and how in-house lawyers and their regulators need to take professionalism and professional ethicality more seriously.

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