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Article

8 Aug 2016

Author:
Anna Triponel, Triponel Consulting

Commentary explains how UN Guiding Principles & Intl. Bar Association guidance apply to law firms

“Respecting business and human rights: IBA's guidance on applying the UN Guiding Principles”, 11 Jul 2016

What is the role of lawyers advising companies in today's globalised and rapidly-changing world?...[I]s the lawyer a technical expert, wise counsellor or effective leader?...The International Bar Association (IBA)…pronounced itself on this question in May 2016. In its Practical Guide on Business and Human Rights for Business Lawyers (Practical Guide), the IBA makes it clear that: Lawyers, both as in-house counsel and as members of law firms, increasingly need to take human rights into account in their advice and services. The UN Guiding Principles on Business and Human Rights (UNGPs) have implications for the management of law firms as business enterprises...Law firms will therefore typically have a range of questions on how the UNGPs may apply to their organisation, including:…Do the UNGPs apply to law firms?...Do the UNGPs hinder the lawyers' ability to provide a robust defence to allegations that a client is engaged in conduct that violates human rights?...Do the UNGPs require my law firm to terminate a client relationship if the client infringes on human rights?...How is my law firm supposed to communicate its human rights approach when its advice to clients is confidential?...Is my law firm supposed to provide remedy where it is involved in impacts?…

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