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WIN In-House Counsel DayBrisbane
Tuesday 15 March 2016
ETHICS AND THE ROLE OF THE IN-HOUSE LAWYER
AMBER MATTHEWS (General Counsel, DLA Piper)DREW CASTLEY (Partner, DLA Piper)
IAN BRIGGS (Chief Legal Officer, Downer Mining)NICK BURKETT (Claims Counsel, Lexon Insurance &
Member of Queensland Law Society Ethics Committee)
What do we mean by ethics?
Ethics is the branch of philosophy concerned with what is goodfor individuals and society
At its simplest, ethics is a system of principles that affect howpeople make decisions and choices
Ethics can help us resolve the following dilemmas:
how to live a good life
balancing our rights and responsibilities
judging whether our actions are right or wrong
deciding what is good and bad
We may make ethical judgments, for example, based upon ourown experience, cultural norms, or based upon the nature of orprinciples of reason
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What are ethics for lawyers?
"Lawyers' ethics are principles and values which, along withconduct rules and common law, regulate a lawyer's behaviour."
Queensland Law Society
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Rules and ethical principles
Australian Solicitors Conduct Rules & Australian LegalProfession Act (Qld) 2007
Key principles:
duty to the court and administration of justice is paramount
act in the best interest of client
be honest and courteous in all dealings
be competent, diligent and prompt
avoid compromise to integrity and professional independence
act in a way that does not diminish the public confidence in theadministration of justice or bring the profession into disrepute
Common law
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Other considerations for in-house counsel
Duty of independence
Your company's values or code of conduct
Industry codes
Your company's reputation
Consider the expectations of society
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Internal Investigations
Some tips for in-house counsel
Timing
Who will conduct it?
Scope
Internal communication
Witnesses/Documents
The report
Legal privilege
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Whistle Blowing
UK’s Financial Conduct Authority (FCA) claims whistleblowingcalls from employees about employers to its helpline rose by35% in 2013.
"whichever way you look at it, the role of the in-house lawyer isnot to brush things under the carpet. The lawyer, in whatevercontext, is first and foremost an officer of the court and thatbrings obligations."
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Whistle Blowing
"have a rainy day nest egg put away, because standing up foryour integrity may mean you sacrifice your career."
Paul Moore, HBOS whistle blower
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Moral Compass
Professor Gillian TriggsPresident of the Australian Human Rights Commission
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"Today, in-house counsel often … sit at theright hand of their CEOs. They play a strongand necessary independent role like a moralcompass guiding the institution towardsethical behaviour along with wealth creationfor shareholders"
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Moral Compass
David Peterson, the former premier of Ontario, Canada oncesaid being general counsel is "a bit like being Jiminy Cricket"
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Making ethical decisions: step guide
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http://www.timken.com/en-us/investors/governance/ethicspolicy/Pages/ResolvingEthicalDilemmas.aspx
Questions
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