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Professional Minimalism? The Ethical Consciousness of Commercial Lawyers

Bibliographic Data

ID11448672
AuthorsRichard Moorhead (UCL Faculty of Laws Bentham House, Endsleigh Gardens London WC1H 0EG England, corresponding author), Victoria Hinchly (Department of Political Science 1284 University of Oregon Eugene OR 97403‐1284 United States of America)
Year2015
Volume42
Issue3
Pages387-412
Publication date2015-09-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Law and Society (JOURNAL)
Journal identifiersISSN: 0263-323X • E-ISSN: 1467-6478
PublisherWiley (PUBLISHER • GB)
DOI10.1111/j.1467-6478.2015.00716.x
OpenAlexW1606051612
LanguageEN
Citations received4

This article investigates empirically, through semi‐structured interviews, what shapes the professional ethical consciousness of commercial lawyers. It considers in‐house and private practice lawyers side by side, interrogating the view that in‐house ethics are different and inferior to private practice to suggest as much similarity as difference. In both constituencies, and in very similar ways, professional ethical concepts are challenged by the pragmatic logics of business. We examine how their ethical logics are shaped by these pragmatic logics, suggesting how both groups of practitioners could sometimes be vulnerable to breaching the boundary between tenable zeal for the client and unethical or unlawful conduct. Although they conceive of themselves as ethical, the extent to which practitioners are well equipped, inclined and positively encouraged to work ethically within their own rules is open to question. As a result, we argue professional ethics exert minimal, superficial influence over a more self‐interested, commercially‐driven pragmatism

Business ethics · Consciousness · Engineering ethics · Epistemology · Legal Ethics · Minimalism (technical communication · Political science · Pragmatism · Professional ethics · Public relations · Sociology · Engineering · Ethics in Business and Education · Law · Legal Education and Practice Innovations · Medical Malpractice and Liability Issues · Philosophy

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Unique citing works4
Citations per year0,57
Citation span2019 - 2026 (8)
Citation velocitycurrent
Highly citedNo
Citation typesNeutral: 4

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