Review Symposium

Woolley, Alice; Wald, Eli; Pearce, Russell G.; Farrow, Trevor CW; Wendel, W. Bradley

doi:10.5235/146072812801292746

Cited by 1 publication

(1 citation statement)

References 2 publications

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“…73 This is not to offer up 'idealized portraits of the moral [lawyer] agent.' 74 Rather, we would suggest that many of our inhouse lawyers were generally loyal in the standard conception sense, but sometimes justice-seeking, and moral too: their approaches straddle the three classical schools of thought on how lawyers should do ethics. Justice-seeking and, especially, moral agency are applied more tentatively though.…”

Section: Professionalismmentioning

confidence: 93%

In-House Lawyers’ Ethics : Institutional Logics, Legal Risk and the Tournament of Influence

Moorhead¹,

Vaughan²,

Godhino³

2018

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Our work builds on the existing literature in two main ways. Firstly we quantify concepts previously examined qualitatively, teasing out fresh understandings of role orientation and contextualising these with similarly new quantitative explorations of professional orientation, organisational pressure, and other contextual factors (such as reporting arrangements and ethical infrastructure). We complete our quantitative analysis by testing for relationships between these orientations and more general indicators of ethical inclination, mapping, in a reductive but important way, the normative implications of in-house logics. Secondly, we aim to deepen and enrich contextual understandings of in-house lawyering through extensive use of interview data. In particular, we take an emergent 'commercial' discipline, legal risk management, and consider how in-house lawyers conceptualise that discipline as professionals; how they define and how they manage risk. We see legal risk management as an instantiation of professional logics in the decision-making apparatus of organisations, thereby examining how the tensions between organisational imperatives, independence, and legality are manifest and resolved. Our survey and interview data help us understand not only the emergent discipline of legal risk management, but also general concepts relevant to

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Section: Professionalismmentioning

confidence: 93%