THE OFFICE OF THE LEGAL SERVICES COMMISSIONER THE ETHICS OF LEADERSHIP Legalwise Seminar 9 March 2011

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER WHAT DOES IT MEAN TO BE A LAWYER? 1763 – Bentham questions Blackstone 1763 – Bentham questions Blackstone Member of a learned and noble profession Member of a learned and noble profession Practice of law is a privilege – wise and dispassionate advice Practice of law is a privilege – wise and dispassionate advice Duty to serve the public ethically, diligently and competently Duty to serve the public ethically, diligently and competently Ethical Duties - to the Court, to the Client Ethical Duties - to the Court, to the Client

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER WHAT DOES IT MEAN TO BE A LEADER? Good leader = ethical leader Good leader = ethical leader Ethical leadership – self-knowledge Ethical leadership – self-knowledge Connection between ethics and values Connection between ethics and values Moral activism Moral activism

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER ETHICAL LEADERSHIP IN PRACTISE Ethical leaders must model desired behaviours – creates trust Ethical leaders must model desired behaviours – creates trust Focus on organisational purpose to set leadership path Focus on organisational purpose to set leadership path Encouraging people to follow the path Encouraging people to follow the path Ultimate Goal – influence organisational culture Ultimate Goal – influence organisational culture

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER MANAGEMENT versus LEADERSHIP Managers focus on day to day activities – drive and control approach Managers focus on day to day activities – drive and control approach Managers are risk-averse – leaders are risk seeking Managers are risk-averse – leaders are risk seeking Management is a transactional role – authority Management is a transactional role – authority Leadership – strategic focus Leadership – strategic focus

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER ORGANISATIONAL CULTURE – LAW FIRM STRUCTURES Establish an effective management infrastructure regardless of practice type Establish an effective management infrastructure regardless of practice type Identify role and goal of management Identify role and goal of management Example – incorporated legal practices – no “management speak” Example – incorporated legal practices – no “management speak” Legal practitioner director – appropriate management systems Legal practitioner director – appropriate management systems

THE OFFICE OF THE LEGAL SERVICES COMMISSIONER THE ETHICS OF LEADERSHIP “ALL LAWYERS ARE FRAUDS!” CONFRONTING REAL CHALLENGES - ETHICS v PROFIT