WIN In-House Counsel Day Melbourne

Transcription

1 WIN In-House Counsel Day Melbourne ETHICS AND THE ROLE OF THE IN-HOUSE LAWYER AMBER MATTHEWS (General Counsel & Partner, DLA Piper) GOWRI KANGESON (Partner, DLA Piper) PETER RASHLEIGH (Consultant, DLA Piper) LAURENCE MANDIE (Head of Legal CitiPower and Powercor)

2 What do we mean by ethics? Ethics is the branch of philosophy concerned with what is good for individuals and society At its simplest, ethics is a system of principles that affect how people 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 our own experience, cultural norms, or based upon the nature of or principles of reason 1

3 [insert word map] 2

4 What is ethics for lawyers? Lawyers' ethics are principles and values which, along with conduct rules and common law, regulate a lawyer's behaviour. 3

5 Ethical and Professional Responsibilities Australian Solicitors Conduct Rules & Legal Profession Uniform Law Application Act 2014 (NSW and Vic) 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 the administration of justice or bring the profession into disrepute Common law 4

6 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 5

7 Internal Investigations What do I do? act quickly create a team preserve documents and evidence engage the appropriate experts consider board reporting adopt the appropriate plan write a report consider privilege issues 6

8 Whistle Blowing "have a rainy day nest egg put away, because standing up for your integrity may mean you sacrifice your career." Paul Moore, HBOS whistle blower 7

9 Whistle Blowing UK s Financial Conduct Authority (FCA) claims whistleblowing calls from employees about employers to its helpline rose by 35% in "whichever way you look at it, the role of the in-house lawyer is not to brush things under the carpet. The lawyer, in whatever context, is first and foremost an officer of the court and that brings obligations." 8

10 Civil Procedure Act " experience shows that personal oral communication, particularly with senior persons not involved in the dispute, will frequently success where the salvo of confrontational s will fail." Gippsreal v Kenny 9

11 Ethical decision making: step guide 10

12 Moral Compass "Today, in-house counsel often sit at the right hand of their CEOs. They play a strong and necessary independent role like a moral compass guiding the institution towards ethical behaviour along with wealth creation for shareholders" Professor Gillian Triggs President of the Australian Human Rights Commission 11

13 Moral Compass David Peterson, the former premier of Ontario, Canada once said being general counsel is "a bit like being Jiminy Cricket" 12

14 Moral Compass "Any GC who becomes an appeaser and acquiesces to business demands - whether they be political, financial or otherwise - can become a major part of a cultural problem." "The reality is that professional standards by and large dictate that in-house lawyers will always be lawyers first and - sometimes to the regret of employers - employees second." 13

15 Questions 14