Walking the Ethical Tightrope:  Balancing the Responsibilities of In-House Counsel to Key Stakeholders

The role of in-house counsel carries with it certain ethical and social obligations.   In-house counsel have a duty to their organisation but that duty is overridden by a primary duty to the Court and the administration of justice. In-house counsel also have an obligation, as do all legal practitioners, to act morally and ethically.

In lieu of the overriding duty to the Court and the obligation of morality, in-house counsel must therefore reject an organisation's requests if the requests undermine the primary duty to the administration of justice and the rule of law. Synonymous with this very role, is the role of "gatekeeping" and acting as a corporation's moral conscience.

The requirement placed on in-house counsel in assuming the role of moral conscience and gatekeeper has generated much discussion about the ethical challenges they raise.   In serving as the corporation's moral conscience and corporate gatekeeper, in-house counsel have been placed in the precarious position of having to balance the demands of the corporation with the demands of ethical practice. In-house counsel who assume the role as gatekeeper and moral conscience must ensure that ethical sensitivity and responsibility is diffused throughout the entire corporation at every officer level. The task for the in-house counsel in achieving this is to promote an ethical culture within and ensure that all employees understand and take responsibility for acting ethically.

In taking on this role, the in-house counsel should build a community of like-minded individuals interested in ensuring that the corporation is acting ethically. This is synonymous with one of the most crucial contributions for legal practitioners to the practice of law - helping society live up to their best instincts and deepest moral values.