Be careful what you wish for: a European perspective on the limits of CSR in the legal profession. (2nd January 2021)

• Record Type: Journal Article
• Authors: Spiesshofer, Birgit
• Is Part Of: Legal ethics. Volume 24:Number 1(2021)
• Page Start: 73
• Page End: 88
• Publication Date: 2021-01-02
• Subjects: Legal profession -- lawyer -- Corporate Social Responsibility (CSR) -- Business and Human Rights (BHR) -- UN Global Compact -- UN Guiding Principles on Business and Human Rights -- OECD Guidelines for Multinational Enterprises -- ISO 26000 Guidance on Social Responsibility -- independence -- access to justice -- gatekeeper -- rule of law -- human rights -- soft law; Legal ethics -- Periodicals; 174.305
• DOI: 10.1080/1460728x.2021.1979732
• Languages: English
• ISSNs: 1460-728X

Abstract

ABSTRACT: Law firms, bars and lawyers associations qualify as 'enterprises' in the sense of all international CSR norms such as the UN Global Compact, the UN Guiding Principles, the OECD Guidelines for Multinational Enterprises and ISO 26000 Guidance on Social Responsibility. Thus, these CSR norms apply to law firms and lawyers in principle. Lawyers are, however, not only service providers. They have also an official function based on human rights and rule of law guarantees of access to justice and the courts. Therefore, the application of CSR norms has to be adapted to the specific role and duties of the lawyers. This applies in particular to their capacity (1) as enterprises and suppliers of services, (2) as gatekeepers concerning the 'CSR-compliance' of their clients, and (3) as 'legal' advisors. An important element is lawyers' independence. Besides certain legally defined responsibilities, lawyers are not to be identified with their clients and their deeds. A more far-reaching responsibility, based on 'social expectations' in line with the UN Guiding Principles, risks undermining the independence of the attorneys and their role in the administration of justice as the examples from the Nazi regime and McCarthy era show. Be careful what you wish for.