Introduction

Professional ethics often pays little attention to the employment relationship as a source of ethical obligation. This is partly because sole practice was required at the Bar and quite common among solicitors.

The recent emergence of the corporate form has changed perceptions of legal employment. The dominance of the profession by large law firms is a fairly recent phenomenon, as are Alternative Business Structures. Such organisations are more likely to rely on hierarchical employment relationships. The professions turned their attention to employment with the realisation that they needed to extend their regula­tory reach in order to protect members in the workplace.²

Although legal employers are subject to the same legal duties as other employers, it is arguable that they are in a different position in relation to their employees than non-professional employers. They have, for example, an obligation to behave ethically, consistent with the aspirations of the profession, and to support ethical performance

¹ DJ Luban, ‘Milgram Revisited’ (1998) 9(2) Researching Law: An ABF Update 1, at 4.

² See generally P Thomas (ed), Discriminating Lawyers (London, Sydney, Cavendish Publishing Ltd, 2000). of the professionals they employ. Both main legal professions have increasingly made organisations responsible for ethical performance.

The ethical responsibilities of employers arguably apply also to recruitment. The privileged position of professions carries responsibility to ensure that entry to the profession is truly open to all and can lead to a rewarding career. People will not invest time in long education and training if there are few jobs, inadequate remuneration and no support. For all these reasons it is in the interests of legal businesses to ensure that they are based on sound ethical foundations.

II.