Solicitors are regulated by the rules and professional standards set by the Solicitors Regulation Authority, including a duty to uphold the rule of law, and to act with independence, honesty, and integrity. While working with commercial lawyers over a number of years, I have observed that there are numerous other standards associated with their personal brand, beyond their statutory obligations.
These informal standards are not compulsory but upheld by peer pressure. They are unwritten and can be difficult to navigate, especially for young lawyers without a background in law or of working in a corporate environment. They have at times been invoked to exclude people who do not ‘fit in’, but they are more often used positively to help maintain the reputation of the profession.
Dress and deportment
The dress and deportment of corporate lawyers may seem like a trivial issue, but their physical presentation and general conduct undoubtedly form part of their brand. Lawyers have traditionally dressed more conservatively than other professions or industries – and they also tend to articulate themselves in moderate language, without resorting to swearing for emphasis or relying on emotion to persuade. It is an approach that helps to establish credibility and authority, and which conveys respect to clients, judges and colleagues.
The normalisation of remote working and virtual meetings has resulted in a more relaxed approach to the workplace. Inevitably, dress code confusion (and more) has followed. In recent years, I have interviewed candidates by teleconference who were unkempt, and seated in front of an unmade bed, an overflowing rubbish bin, and half empty bottles of wine. It is hard to believe that only a decade ago, some people were arguing that allowing ‘business casual’ in the office on Fridays was the beginning of the end of respectability. Perhaps they were right.
Dress and deportment standards are not simply a way to maintain conformity, nor should they be viewed as immaterial to clients. I had a senior M&A partner once speak to me, frustrated, about a talented associate in his team whose clients had commented upon her dishevelled state. And even in the more relaxed sectors such as technology, where lawyers dabbled with dressing to mirror their clients’ style, there has been a return to more traditional attire: clients have reported that in fact they want their lawyers to look like lawyers.
Politics in the workplace
Another way that commercial lawyers have traditionally maintained high standards of professionalism is by remaining politically neutral.
The skills needed to succeed as a solicitor or barrister lend themselves to a political career, and the pipeline between the legal profession and politics is long established. Despite this natural crossover, there has been a reluctance by corporate law firms and lawyers to engage in political issues. Reflecting on the many law firm partners with whom I have worked, I never knew their political leanings – and on the occasions when I discovered how they voted, I was genuinely surprised.
Naturally, commercial lawyers are highly engaged on political issues, such as on news about government decisions that may affect clients’ interests. This is distinct from party politics and geopolitical events, where there has been a reluctance to discuss politics openly in the office.
Adopting neutrality as a professional trait helps to ensure that all clients, no matter their own political views, feel comfortable. It avoids unnecessary discussions with clients on issues that for many, are highly personal and charged. It supports colleagues in the same way.
As with dress and deportment, there is a move away from this long-established standard, which is eroding the professional neutrality of lawyers.
Since the MeToo and Black Lives Matters movements, law firms have taken a public stance on a range of political and geopolitical events. The politicisation of law firms has coincided with the widespread use of social media, where lawyers’ private opinions have become amplified. Even on professional networking platforms such as LinkedIn, junior and senior commercial lawyers are regularly running commentary on political matters.
Of course, there will be times where a lawyer’s professional obligations collide with politics, such as with recent attacks on the rule of law in the United States. In these instances, there is an argument that lawyers are duty-bound to be vocal: but these issues should be addressed as they arise, preferably by the relevant bars and representative bodies. In any event, these one-off events only endorse the view that politics and the legal profession are best served by keeping them separate.
Unofficial standards have long been upheld by lawyers working for corporate law firms to maintain the neutrality and dignity of the profession, and to centre clients in their work.
In recent years, there has been a general shift in law firms to encourage lawyers to ‘bring your whole self to work’. As the legal profession finally embraces much-needed inclusion, my hope is that we do not abandon standards or professionalism that have served us so well.
Daniela Conte is a brand consultant with a wide experience of senior in-house roles
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