Firm Pledges Unwavering Support for Rule of Law, Pending Client Approval

OPINION | The difficult work of having a principle

A law firm has drafted a statement pledging unwavering support for the rule of law, then circulated it to relationship partners to check whether any client might prefer it to waver.

The statement follows an industry appeal asking lawyers to defend institutions and professional independence even when inconvenient. Its first draft said that those obligations were not optional. The current draft says that those obligations are central to an ongoing stakeholder dialogue.

There is a difference, partners insist, between abandoning a principle and considering how the principle might be received by a strategically important client.

An internal approval matrix obtained by The Unbillable offers guidance:

The firm's ethics partner says professional independence cannot mean asking permission before applying professional standards. The head of commercial relationships agrees in principle but says the phrase before applying could create unnecessary pressure on the process.

One junior lawyer asked whether the firm would refuse a client instruction that crossed a clear line. She was directed to the escalation policy, which in turn directed her to the partner responsible for the client. The partner requested discretion in the handling of hypothetical scenarios.

The managing partner says the firm is completely committed to values-led leadership. He has asked staff not to mistake the time taken to express those values for any uncertainty about them.

The latest draft describes the firm as “unequivocal in our support for robust consideration of the core principles underpinning the legal order”. Every reviewer has approved it. Nobody can identify an action it obliges the firm to take.

The ethics partner has suggested replacing the public statement with a clear list of things the firm will and will not do. That proposal has been referred for further consultation because, unlike a statement, it might affect a real decision.