We all know that lawyers must act in the best interests of their clients, but what about their broader duties; to defend the rule of law, to uphold human rights, and to emulate those other ethical principles that underpin our profession? Do lawyers owe general duties to society beyond those contained in their codes of conduct? And, if they do, what do those duties look like? Moreover, what happens if, and when, these duties come into conflict with each other?
Following two years of debate both within and outside the IBA, this session, led by practitioners, regulators, and in-house counsel, will explore the current state of discourse in relation to these difficult questions. Is there consensus, and, if not (which is our experience to date) what should lawyers, law firms, and regulators actually be doing in response?
In an attempt to answer these questions, this session will consider the principles that (in theory) govern lawyers’ behaviour, particularly the challenges we face as a profession in protecting those core values. How can we do this, while simultaneously ensuring we retain public trust and confidence in our vital, and seemingly ever-expanding, societal role, especially when it comes to supporting sustainable development, the climate, and human rights?
Central to this will be an examination of a new report, one which summarises a discussion of these issues by key stakeholders at a Chatham House event convened in July 2024 as part of the IBA’s ‘Lawyers as Gatekeepers’ Project. In particular, this session will look to build on any areas of broad agreement emerging from that event which might lead to specific action.
Overall, this session represents an attempt to map out constructive ways forward with regards to these broad challenges, as well as how we, as a global community of lawyers, can continue to reform and improve the image and impact of our profession.