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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[insert word map]

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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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