Disclaimer: Currently these pages are being updated to reflect the courses for 2024 - 2025. Until these pages are fixed as per 1 September 2024 no rights can be claimed from the information which is currently contained within.
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.
COURSE DESCRIPTION
This course combines what students have learned about corporate social responsibility and a new topic: the qualities of a good lawyer and the instruments for dealing with ethical issues related to transparency, integrity and access to justice. Students will discover the ethical aspects of the work of corporate lawyers and attorneys when dealing with professional dilemmas and stakeholder issues. Do lawyers and their law firms need to reflect on the responsibility of their clients for the impact of their business decisions? How does this relate to the corporate social responsibility of the law firm?
Topics include international and national standards of the legal profession – given by for example the International Bar Association or the European Bar Association – the distinguishing marks of the constitutional state, fair dealing, fair competition, anti-bribery and corporate social responsibility.
The course Legal profession and ethics aims at strengthening the legal profession by:
introducing students to ethical dilemmas lawyers and their law firms may face in the course of their work, stakeholder interests and ways to deal with opposition from clients, partners in the law firm, the law-association or the government;
discussing the qualities of a good lawyer in the field of corporate law and in addition, how international standards such as those drafted by the International Bar Association may provide instruments for dealing with dilemmas in the legal profession;
generating an understanding of a professional legal environment that maintains standards of transparency and integrity, which will be of use to the students in their current or future work in the field of corporate law
COURSE OBJECTIVES
A clear insight into the necessary qualities of a corporate lawyer and an attorney by discussing the book ‘The Ethics and Conduct of Lawyers in England and Wales’, which contains the results of empirical research on and experiences of lawyers with dilemmas in various areas of legal practice.
Building on the International Corporate Law course: to elaborate on the most salient aspects of corporate social responsibility in a national and global context.
To enhance awareness of the dilemmas that corporate lawyers face, whether these are dilemmas that may be called intrinsic to doing business on a global scale or dilemmas arising from specific national legal systems.
To identify lawyers’ responsibilities arising out of legal and policy instruments such as those developed by the International Bar Association and in the field of corporate social responsibility.
Insofar as necessary for an understanding of the theory and the cases in this course, to understand, interpret, and apply relevant legislation, regulations and judicial decisions to the prescribed case studies.
CONTACT
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
E: iccl@law.leidenuniv.nl
COURSE COORDINATOR
Prof AG Castermans, E: a.g.castermans@law.leidenuniv.nl
METHOD OF INSTRUCTION
Interactive lectures and presentations (combined with online components if necessary).
EXAMINATION
Written exam (60%)
Written/oral assignments (40%)
The overall course grade should be at least 5,5 in order to complete the course successfully.
There will be one oral retake (100%) substituting all previous assessments.
COURSE REQUIREMENTS
Full degree in law granting access to the legal profession (or equivalent).