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The Integrated Lawyer (3): Reacting to Legal Difficulties

In: Lawyers in Business

Author

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  • Karl J. Mackie

    (University of Nottingham)

Abstract

Despite the emphasis by in-house lawyers on proactive lawyering, inevitably a significant aspect of in-house legal work consists of assisting the company to deal with litigation and other direct legal processes. All the lawyers interviewed spent at least some of their time (and a few specialists spent most of their time) in this area of ‘curative’ rather than preventive legal work. It should not be assumed that this necessarily signified the failure of proactive lawyering. Apart from the inevitable degree of human error and intentional lawbreaking (usually attributed to lower levels of management) in management processes, companies sometimes faced situations where preventive law did not prevent other parties pursuing litigation to the point of failure. Equally there were occasions where the company sought to enforce its own legal rights against other parties for actions which could not have been anticipated or avoided by the legal department.

Suggested Citation

  • Karl J. Mackie, 1989. "The Integrated Lawyer (3): Reacting to Legal Difficulties," Palgrave Macmillan Books, in: Lawyers in Business, chapter 7, pages 121-133, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-1-349-08799-0_7
    DOI: 10.1007/978-1-349-08799-0_7
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