Title: Ethical Perspectives on the Practice of Business Law
Abstract: Discussion of business ethics is topical. Indeed, a code of conduct has been adopted by many Australian companies with objective of improving the performance and reputation of Australian business by encouraging and assisting general adoption of highest standands of corporate conduct. What is missing however from these debates is discussion of ethical issues confronted by professional advisers to business people and how resolution of those ethical issues shapes role of professional adviser. The question I address in this article can be stated simply: what is proper role for business lawyer? Should business lawyer be an advocate for all of a client's goals with only limitation being that pursuit of these goals is legal? Or should business lawyer take a broader view of his or her role and interpret instructions of client as not only an advocate of client but also as an officer of court with a duty to preserve integrity of legal system? In this brief article I evaluate two different roles for business lawyer and consider consequences of adopting one role over other. I suggest that one role elevates interests of client above those of legal system which results in not only bringing profession into disrepute but also harms integrity of legal system.
Publication Year: 2006
Publication Date: 2006-09-08
Language: en
Type: article
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Cited By Count: 2
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