Monday, April 16, 2012

How do you get lawyers to do what is 'right'? | Alex Aldridge

UCL Centre for Ethics and the law aims to create a culture where lawyers do more than meet the minimum that can get away with

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other times uncomfortable legal director Alastair Brett Leveson research last month - in which he admitted that the mail that was sent about the issue of Piracy was NightJack "obliquely in a move that's embarrassing" -. Seeing the nails-on-one consulting

But Professor Richard Moorhead, president-elect of the UCL Centre for Ethics and Law, do not see it as a sign of people who do not. Instead, he believes the lawyers involved in the scandal of piracy are victims of a broader culture, forcing them to walk "a dangerous and unsustainable, because the good will, sometimes, trade and culture to defend his client to death. "

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Hackgate liaison with the banking crisis that preceded it, Moorhead considers the ethics of capitalism as a whole to be under control. "Lawyers are a group of professional actors who kept this ethic. He has always done a good job, and the broader culture of philanthropy needs a long hard look, "he added.

What

Moorhead and the UCL Centre for Ethics and Law Director Sylvie Delacroix wants to see is the creation of a new culture where lawyers to stop focusing on the compliance with the minimum he can get away with it, and promote the interests of their funders, and instead start doing what is "right."

"The difference between personal morality and professional ethics has increased considerably in recent years. And as we have seen, that professional standards are not always enough," says Delacroix. To illustrate his point, he gives an example of the lawyers of the city charged with drafting contracts related to the nature of complex financial instruments that contributed to the fall of 2008. "Lawyers facing these instruments at their nominal value although some may have been aware of the risks. Of course this was in accordance with professional standards. "

But how do you get lawyers, who are under more pressure than ever to have liquidity problems customers what they want to hear, do what is "right"?

"You promote a space for discussion," he says Delacroix. "That's what doctors must make ethical decisions very difficult."

most agree that the outgoing regime of regulation to check the box that govern the conduct of counsel is not conducive to encouraging the kind of dialogue Delacroix would like to see. However, there is optimism that the new "results-based" regulation that was brought by the Attorney Regulation Authority (SRA) could, if properly implemented, to stimulate debate on ethics in business. Indeed , placing the responsibility on lawyers to obtain good results for clients, including long-term outcomes, such as to avoid being dragged questions from the audience: the new regime is likely to increase the incentive for notes to be shared in advance of important decisions.

There is hope, too, that the trend in favor of teaching ethics in the strictest school of law will help develop a better balance between customer service and protects the public interest. In January of last year, law school has launched an "ethics office", and earlier this year two academics from Nottingham Law School has given an indication that we may soon see something similar to these shores when 'he was asked more emphasis on ethics and values ??in the right programs.

Although Delacroix expressed his concern that "conditioning" of students to maximize the likelihood of certain behaviors that may dissuade them from taking personal responsibility in resolving ethical dilemmas, it is recognized that the puts ethics above agenda of moral education should have a positive effect.

"Imagine discovering that the law firm hired to defend his company in a trade dispute is partly owned by private investors," Weber wrote in Businessweek in September in an article urging the United States. United States. not to follow the UK on a path that allows foreign investment in law firms.

"And investors also have financial interests in the undertaking which - and perhaps still is involved in the law firm representing the opponent, would you be calm, confident that the company will continue to represent their interests. in the room? "


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