Cops, Counsel, and Entrepreneurs: Constructing the Role of Inside Counsel in Large Corporations
- 1 June 2000
- journal article
- Published by Cambridge University Press (CUP) in Law & Society Review
- Vol. 34 (2) , 457-494
- https://doi.org/10.2307/3115090
Abstract
Inside counsel to major corporations have accrued more power and status within the legal profession, but continue to struggle for influence and legitimacy within the corporation. In-depth interviews with lawyers and managers in large businesses reveal that inside counsel construct different professional roles for themselves depending on circumstances. We identify three ideal types of such roles: they act as cops (limiting their advice to legal mandates), counsel (combining legal and business advice), or entrepreneurs (giving priority to business objectives rather than legal analysis). The entrepreneurial role and its associated discourse seem to mark a departure from earlier studies of inside counsel. We argue that entrepreneurial tendencies reflect the efforts of corporate counsel to adapt their images and lawyering styles to the prerogatives of contemporary management. Accordingly, inside lawyers limit their gatekeeping functions, emphasize their dedication to managerial objectives, and defer to management's judgments about legal risk. Nonetheless, inside counsel retain their professional identities as lawyers and rarely express an interest in moving into corporate management. Inside counsel are “professionals” who present themselves as enthusiastically committed to corporate objectives.This publication has 19 references indexed in Scilit:
- Paying Workers or Paying Lawyers: Employee Termination Practices in the United States and CanadaLaw & Policy, 1999
- Work (if you can get it) and Occupations (if there are any)?Work and Occupations, 1998
- Divorce Lawyers and Their ClientsPublished by Oxford University Press (OUP) ,1995
- Professional Innovation: Corporate Lawyers and Private LawmakingLaw & Social Inquiry, 1993
- Ownership changes, accounting practice and the redefinition of the corporationAccounting, Organizations and Society, 1990
- Partners with PowerPublished by University of California Press ,1988
- From Ambushes to Golden Parachutes: Corporate Takeovers as an Instance of Cultural Framing and Institutional IntegrationAmerican Journal of Sociology, 1986
- Working for Corporate Actors: Social Change and Elite Attorneys in ChicagoAmerican Bar Foundation Research Journal, 1979
- The Rise of ProfessionalismPublished by University of California Press ,1977
- The Professional Role of the Physician in Bureaucratized Medicine: A Study in Role ConflictHuman Relations, 1958