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Article

1 Apr 2012

Author:
John Sherman, General Counsel, Shift

Professional Responsibility of Lawyers under the Guiding Principles

The core responsibility of business under the UN Guiding Principles on Business and Human Rights is to respect human rights...So how should lawyers advise their corporate clients regarding this responsibility?...[The] American Bar Association...[has endorsed] the UN Guiding Principles, and...[acknowledged] that they apply to the professional responsibility of lawyers...[The] ABA Human Rights Committee noted that the Principles pour content into the independent and candid advice that lawyers must provide to corporate clients...The UN Guiding Principles apply to...law firms. They require...law firms to respect human rights...through...their relationships with clients...UN Guiding Principle 19 and ABA Model Rule 2.1...require lawyer’s advice to...encompass potential impacts on human rights and the full range of other legal and business consequences...Such situations call for creative lawyering. [refers to BP]