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46 Emory L. J. 1057 (1997)
The Cultural, Ethical, and Legal Challenges in Lawyering for a Global Organization: The Role of the General Counsel

handle is hein.journals/emlj46 and id is 1067 raw text is: THE CULTURAL, ETHICAL, AND LEGAL CHALLENGES IN LAWYERING FOR A GLOBAL ORGANIZATION: THE ROLE OF THE GENERAL COUNSEL Mary C. Daly* TABLE OF CONTENTS INTRODUCTION ....................................... 1057 I. THE CULTURAL CHALLENGES ......................... 1068 A. The Impact of the Proactive Model of Lawyering on the Delivery of In-House Legal Services ............ 1068 B. The Purchasing Agent Function with Respect to Foreign Legal Services ................................. 1085 C. The Anticipatory/Preventive Function ................. 1088 II. THE ETHICAL CHALLENGES ........................... 1090 A. Conflicts of Interest ............................. 1093 B. The Doctrine of Incompatible Professions .............. 1097 III. THE LEGAL CHALLENGES ............................ 1099 A. In-House Counsel and the Attorney-Client Privilege ...... 1099 1. Legal Education Outside the United States .......... 1100 2. Bar Admission Practices Outside the United States .... 1102 CONCLUSION ......................................... 1108 INTRODUCTION This Article addresses the intersection of two of the most significant chang- es in corporate legal practice in the United States over the past thirty years: the growth in number, prestige, and power of in-house counsel' and the glob- * Professor of Law, Fordhan University School of Law; J.D., 1972, Fordham University School of Law; LL.M., 1978, New York University School of Law. Professor Daly is the Director of the Stein Insti- tute of Law and Ethics at Fordham University School of Law. The author would like to express her gratitude to the members of the Fordham Law School Faculty Colloquium whose suggestions and criticisms considerably enriched the evolution of the thoughts expressed in this article, and to Professor Laurel Terry, Pennsylvania State University, Dickinson College of Law, and Professor Timothy Terrell, Emory University School of Law, for their generosity in reading and commenting upon an earlier draft. Thanks are also due to Carl D. Liggio, Esq. and David C. Kohler, Esq. who responded to parts of this article when it was presented at the 1997 Randolph W. Thrower Symposium. ' This Article employs the terms in-house counsel, corporate counsel, and salaried lawyer

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