The Convergence and Divergence of Legal and Business Ethics and its Resulting Friction for Aligned In-house Counsel

Abstract

Decision theory has been applied in an empirical and statistical manner when analyzing decisions made in the business sphere. Political, social and philosophical elements render the legal sphere less amenable to statistical study. The spheres converge in the case of in-house counsel’s day to day occupation and observations can be made as to the conflicts and near harmonies which arise when the contours of the business ethics line are not congruent with those of the legal ethics line. While the duty of zealous advocacy plunges the attorney’s day to day endeavors ever close to the line of business ethics, the trappings of societal expectations on the legal profession serves to create a divide between the motivations of in-house counsel and his or her efforts to align with the corporation’s goals.

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