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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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