In-House Lawyers’ Ethics: Institutional Logics, Legal Risk and the Tournament of Influence

Acknowledgements
Contents
1. Introduction
	Context
	Professionalism
	Ethics and Lawyers’ Ethics
	Legal Risk
	Institutional Logics and Regulation
	The Structure of this Book and our Conclusions
2. Methods
	The First Set of Interviews
	The Second Set of Interviews
	The Survey
	Mapping Indicators of In-House Practice
	Conduct of the Survey and Responses
	A Note on Terminology
	Conclusions
3. The In-House Lawyer and Their Place in Networks
	Understanding In-House Lawyers’ Place in the Profession
	The Move In-House
	The Evolution of the In-House Role
	The Balancing of Roles
	Structural Predictors and Mediators
	Presence on the Board
	Employer–Employee Relations and the Role of the In-House Lawyer
	Ethical Pressure
	Conclusion
4. The Tournament of Influence: Saying ‘No’ and The Independent In-House Lawyer
	The Tournament of Influence
	The Tournament of Influence
	Saying ‘No’
	Who Says ‘No’ (and When and How)?
	Getting Comfortable
	Conclusion
5. Competing Logics – A Look at Risk
	Risk and Risk Management Logics: An Overview
	Risk Appetite
	Who Owns ‘Legal’ Risk?
	Looking Beyond Risk Appetite and Risk Definition – A Vignette
	Legal Risk Management Processes
	Experiential vs Systems Approaches
	Risk Mitigation
	Risk as a System of Understanding and Influence within the Company
	Narrow and Broad Framing: Some Examples From the Vignettes
	Conclusions
6. Ethics and Legal Risk Management
	Ethics and Risk
	Red Lines
	Utility, socialisation and Biases: the Network of Influence
	Vignette – The Network Influence
	Vignette – Dealing with Breaches
	What Influences Reporting Up or Out
	An Ethical Space in Legal Risk Assessment?
	Vignette – Misuse of the Legal Function
	Conclusions
7. Striking the Balance: Identity and Orientation
	The Distinctiveness of the In-House Lawyer
	Role Conception
	A Closer Look at the Orientations
	In-House Lawyer Team Orientations
	Conclusions: Identity, Orientations and the Tournament of Influence
8. Mapping the Moral Compass: Orientations, Infrastructure and Ethical Inclination
	Professional Orientation
	Do Employers Understand Professional Obligations?
	Professional Ethical Infrastructure
	Metrics for the Moral Compass
	Which Orientations are Independently Associated with Ethicality?
	Conclusions
9. The Ecologies of In-House Ethicality
	Social Trusteeship
	Ecological Approach
	Teasing out Institutional Logics
	The Place of In-Housers in the Network of Influences
	Independence
	A Blend of Commercial and Legal Thinking – Risk
	Broader Influences
	Law and other Influences
	Professional Influences
	Some Final Thoughts
Appendix A: Interview Schedules
Index