We have had several conversations with in-house and law firm lawyers about perspective, focusing on the ethical considerations for in-house and law firm counsel, which has prompted us to write this article.
If you’re an in-house counsel or a law firm attorney, you know that practicing law is rarely just about knowing the law—it’s about judgment, strategy, and, perhaps most critically, ethics. Under any administration, the legal landscape shifts. Staying on solid ethical ground while advising clients, managing risks, and maintaining professional integrity has never been more important.
Ethics: The North Star of Legal Practice
Lawyers thrive on precedent, but every administration introduces new wrinkles that challenge even the best-laid compliance programs. The Trump administration is no exception. Executive orders, regulatory rollbacks, and shifting enforcement priorities have kept legal teams on their toes. With corporate and political interests often intersecting, lawyers must lean heavily on their ethical compasses, whether in-house or in private practice.
The challenge? Ethics isn’t always black and white. It’s a spectrum, and in this climate, that spectrum sometimes feels like it’s borrowed from a Picasso painting—abstract, chaotic, and open to interpretation.
Compliance Versus Conscience: The Lawyer’s Balancing Act
For in-house counsel, the pressures of advising on compliance while protecting the company’s reputation can feel like playing three-dimensional chess—blindfolded.
- What do you do when a regulation is suddenly weakened, but your company has long-standing policies that align with the previous, more rigorous standard?
- If a government contract now has fewer compliance obligations, do you advise taking the path of least resistance, or do you push to maintain higher ethical standards?
The answer, as always, depends on the risk appetite of the company—but legal ethics dictate that counsel cannot ignore the broader implications. “Just because we can” is never a sufficient justification. A good lawyer asks, “But should we?”
Law Firm Counsel: Advocates and Ethical Gatekeepers
For law firm attorneys, the Trump-era legal landscape presents a different set of challenges. Clients may ask for guidance that skirts the edges of regulatory shifts. The lawyer’s role, however, isn’t to rubber-stamp legally permissible but ethically dubious conduct.
- Should you assist a client in leveraging regulatory loopholes that might later become reputational landmines?
- How do you advise on a matter when the legal guidance from the government seems to change with each news cycle?
As always, the Model Rules of Professional Conduct provide some clarity, but they don’t always resolve the tension between client advocacy and broader ethical responsibilities. If a client’s request gives you pause, trust that instinct—because the last thing anyone wants is to be explaining their way out of an ethics hearing.
Staying Above the Fray: Practical Strategies for Legal Professionals
- Stay Informed, Not Overwhelmed – The legal landscape is evolving quickly. Maintain a steady diet of regulatory updates, but don’t let the daily political churn dictate your long-term strategy.
- Play the Long Game – Short-term gains from exploiting regulatory uncertainty can lead to long-term reputational (or even legal) disaster.
- Pressure-Test Your Advice—Before making a gray-area decision, consider how it would be viewed in the press or, worse, in court.
- Use Ethics as a Business Asset – In-house and law firm lawyers alike should position ethics as part of a broader risk-mitigation strategy, not just a legal obligation.
- Keep a Sense of Humor – When the news cycle feels like an episode of “Law & Order: Chaos Unit,” remember that staying grounded (and occasionally laughing) can help keep the stress at bay.
The Road Ahead
Regardless of political leanings, lawyers serve as stewards of the law, responsible for ensuring that their clients—whether corporate executives or private citizens—adhere to legal and ethical standards. While the Trump administration presents unique challenges, it also offers an opportunity to reinforce the importance of integrity in legal practice.
As the saying goes, “Ethics is knowing the difference between what you have a right to do and what is right to do.” In times of uncertainty, being the voice of reason and principle isn’t just good lawyering—it’s good business.
