Jessica Booker
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- Aug 1, 2019
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It is not an unlikely situation. Trainees often have to work on matters they may not feel entirely comfortable with. It is part of the job though and representing organisations or individuals you might not agree with is something you have to factor in to the realities of what your job is.Hi @Ram Sabaratnam,
In relation to the final point, what would you say about a hypothetical situation where the firm may have made its initial judgement that advising a client would not impose harm to their professional branding and reputation, but it actually later turned out that it most likely would (and the partners leading the deal were unwilling to accept that fact out of fear of losing the deal or client altogether).
Would it be fine in this scenario for a trainee or associate (on grounds of the work being ethically questionable) to refuse the work? How do firms balance their need to take on work which is billed to clients, which helps firms make revenues and profits for equity partners, whilst also making sure that the work isn't ethically questionable and won’t have an impact on the firm’s reputation?
I understand this is probably a very strange and unlikely scenario, but it crossed my mind and I thought if this came up in an interview, I need to have considered everything. 😂😂
However, it really depends what the matter is and also what your reasons are for wanting to refuse the work. In most cases where it is a preference rather than something that links to your beliefs (especially if those beliefs are a protected characteristic), I'd honestly say you have to suck it up more times than not. Trainees are not going to be very "visible" in representing the client - the partners/senior lawyers will be those putting their reputation on the line.
However, it is very common for those, especially with certain religions, to not work on matters that go against their beliefs - for instance working with gambling companies or tobacco companies.
But it was very common in interviews in one of the firms I worked for for us to address this upfront and ask questions like "what would you do if we asked you to work on X type of matter/for Y client?". For instance, when people talked about ESG matters in applications or having a very strong interest in green energy, we'd ask them what they would do if they were asked to work on a project for a major oil client that would lead to environmental damage or go against any green agenda.