CSR and our role as lawyers

The rule of law

Every person and organisation, from the ordinary citizen to the government, must act within the confines of the law. Over and above that, by virtue of their professional obligations, lawyers are required to uphold the rule of law and the proper administration of justice. The adherence to the rule of law and the pursuit of just resolutions underpins the effective economic, social and political functioning of society. This enforcing of the moral values that societies consider important enables individuals to interact in a fair and predictable way, to the mutual benefit of all.

Traditionally, lawyers have assisted in ensuring this overarching duty has been adhered to in a number of ways. First, lawyers explain and interpret the law for their clients and, therefore, ensure their clients comply with the regulatory obligations imposed upon them. Second, if a person or an organisation breaches their legal obligations, a lawyer may assist in seeking to redress any wrongs that may occur as a result.

Commercial law

In the commercial context in which our firm largely operates, by upholding the rule of law and the proper administration of justice lawyers set judicial precedents and enforce a system of rules and regulations that in turn creates a degree of predictability and increased transparency in the operation of the market. This provides market players with the confidence necessary for engaging in commercial transactions and, therefore, supporting the economic development and competitiveness of the societies they operate in. In facilitating effective dispute resolution, moreover, lawyers ensure economic activity is not prejudiced by undue conflict and delay.

In recent years, the traditional function of lawyers has undergone substantial change, largely driven by the increasingly challenging and complex environment in which their clients operate. The modern regulatory framework affects every aspect of companies’ lives, including their internal operations, their interaction with other market players and, increasingly, their role within the wider community. Thus, internally, every company is bound by rules concerning the powers of its directors, the treatment of its employees, and the recording and disclosure of information.

Increasingly complex, increasingly global

Within the broader market, interactions between companies are also regulated to ensure a level playing field between all participants. Significantly, the role companies play within wider society is also coming under increasing scrutiny, through both regulation and soft law (such as codes of practices and voluntary commitments); companies’ environmental, human rights and ethical records have been viewed as increasingly important indicators of their regulatory compliance and reputational standing. Lawyers must guide companies through this increasingly complex arena in a way that helps them achieve lawfully their desired goals and objectives and takes into consideration their impact on wider society.

Social and environmental responsibilities

Throughout our long history, we have developed an in-depth understanding of the multiple levels and different sources of regulation applying to our clients and, as a result, have been able to guide our clients through the maze of regulation, ensuring compliance with their obligations and enabling them to take full advantage of the rights and opportunities created by regulatory frameworks.

The law reflects the morals and values of its society. As these values may shift from time to time, so the interpretation of the law changes to mirror that shift. Accordingly, lawyers have a responsibility that is more than simply advising on the black letter of the law. Our role must be to assist clients in choosing the appropriate course in light of all the relevant circumstances. This includes taking account of environmental and reputational issues. Although the ultimate course of action is a commercial matter for a client, lawyers should seek to interpret the legal issues facing that client in the light of the prevailing (and changing) societal circumstances.