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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.
For several years legal professions across the world have, to
varying degrees, been undergoing dramatic changes as a result of a
range of forces such as globalization, diversification and changes
in regulation. In many jurisdictions the extent of these
transformations have led to a process of professional fragmentation
and generated uncertainty at institutional, organisational and
individual levels about the nature and future of legal
professionalism. As a result legal education is in flux in many of
jurisdictions including the United States, the UK and Australia,
with further effects in other Common Law and some Civil law
countries. The situation in the UK exemplifies the sense of
uncertainty and crisis, with a growing number of pathways into law;
an increasing surplus of law graduates to graduate entry positions
and most recently proposals for reform of legal education and
training by the Solicitors Regulation Authority (SRA). This
collection addresses both current and historical approaches showing
that some problems which appear to be modern are endemic, that
there are still some important prospects for change and that policy
issues may be more important than the interests of lawyers and
educators. This makes this volume a source of interest to lawyers,
law students, academic and policy makers as well as the discerning
public. This book was previously published as a special issue of
the International Journal of the Legal Profession.
For several years legal professions across the world have, to
varying degrees, been undergoing dramatic changes as a result of a
range of forces such as globalization, diversification and changes
in regulation. In many jurisdictions the extent of these
transformations have led to a process of professional fragmentation
and generated uncertainty at institutional, organisational and
individual levels about the nature and future of legal
professionalism. As a result legal education is in flux in many of
jurisdictions including the United States, the UK and Australia,
with further effects in other Common Law and some Civil law
countries. The situation in the UK exemplifies the sense of
uncertainty and crisis, with a growing number of pathways into law;
an increasing surplus of law graduates to graduate entry positions
and most recently proposals for reform of legal education and
training by the Solicitors Regulation Authority (SRA). This
collection addresses both current and historical approaches showing
that some problems which appear to be modern are endemic, that
there are still some important prospects for change and that policy
issues may be more important than the interests of lawyers and
educators. This makes this volume a source of interest to lawyers,
law students, academic and policy makers as well as the discerning
public. This book was previously published as a special issue of
the International Journal of the Legal Profession.
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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