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Between a Loch and a hard place

Posted 27/09/2006 by legalweekblogs.com SU

It would seem sightings of the Loch Ness monster are more common than those of professional ethics partners at leading UK firms. That, at least, is the colourful analogy provided by one contributor to a recent Career Clinic debate (see story).

The conundrum in question concerned an assistant who has been asked by a partner to carry out tax work he suspected might be illegal.

Respondents’ advice was split firmly in two camps – a pragmatic approach best summed up as ‘This is not a John Grisham novel – do your job’, versus those urging the correspondent to follow up on their doubts.

Partners are usually keen to contribute to Career Clinic debates, yet on this occasion they were more reticent, perhaps uncomfortable to discuss such a controversial issue.

The official line from the managing partner of one leading London firm was that he hoped associates at his firm would feel confident enough to fight their corner, either by raising the issue again with the partner or – if they were still unhappy – through a confidential meeting with the head of department.

Either way, Career Clinic postings suggest there is genuine confusion about the correct course of action – as well as a worrying degree of cynicism about the potential for raising such a concern.

Comments

It confuses me. I always thought that wanting to be in one of the top 10 firms would also mean that you want to be the best that you can be. I would be sorely disappointed to find that I had got into one of top 10 firms only based on the fact that I seem like the type of person who can do what I am told.

Remember, doing what you are told can only be good for you if a) nothing goes wrong and no-one ever finds out and b) you want to get "in bed" with the partners.

At the end of day when it all hits the fan do you really think that the partner will say to you 'It's okay I will take the blame, you only did what you were told'? I think that you will find that their line will change to "Where are your ethical grounds? Did you not get into this profession for the benefit of justice and truthfulness?'. The last lines you will hear from the partner will be 'Get out of my bed and out of my building'.

It is commendable to see that the smaller firms are highlighting the virtues of truthfulness and having a backbone. At least they remember the saying 'honesty is the best policy'.

To all those 'you say jump, I say how high' people out there, you better pray that the Loch Ness monster is not hiding within your company. Just be prepared to get wet when he comes to the surface.

And if the day comes when you do question the legality or the principals of what you are doing on behalf of a partner. If you are shown the door at least you can leave with the knowledge that you kept you morals and your dignity intact. Long live the revolution!!!

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