How independent lawyer monitors and investigators contribute to corporate ethics

Speaker: Lord Gold, David Gold & Associates
Chair: Professor Richard Moorhead, UCL Laws
Admission: Free
Accreditation: This event is accredited with 1 CPD hour with the SRA and BSB
Series: Centre for Ethics & Law

About this lecture

The director-general of the SFO has vigorously criticised the recruitment of independent experts to investigate criminal behaviour in companies. In August last year the Times reported him as saying, “the practice risks destroying the evidence needed to put rogue business people and bankers behind bars”.

His complaints included:

• Doubts about the reports that often cleared clients of any illicit activity or minimised their culpability. Perhaps implying investigations are advocacy document for their clients
• There was often an “inherent conflict” in lawyers doing investigations for their clients
• Legal privilege being mishandled
• Crime scenes being churned up

Enron, the News of the World, money laundering by Bank of Tokyo-Mitsubishi UFJ, the BBC Saville Newsnight affair and concerns about the Royal Bank of Scotland have all involved professional, independent investigations which have prompted criticism or, sometimes, regulatory action against the professionals. Yet investigations can be seen as a necessary and proportionate step prior to reporting to regulators; key to companies getting to grips with poor conduct; and whether, how and when to report it.

At this event we will be hearing from Lord Gold at UCL as to how independent lawyer monitors and investigators contribute to corporate ethics. He will speak from his experience as a leading adviser in business ethics advice building from his appointment by the U.S. Department of Justice as Corporate Monitor of BAE Systems plc and subsequent work for a wide range of blue chip businesses.

Lord Gold will discuss how lawyer monitors and lawyer-led investigations can contribute to corporate ethics.

About the speaker

Until February 2011, Lord Gold was a partner at the leading international law firm, Herbert Smith (now Herbert Smith Freehills), having started his career there in 1973 when he joined the firm as an articled clerk (trainee in today’s language). He joined the litigation practice in 1975 and became a partner in 1983, head of litigation in 2003 and Senior Partner in 2005, a position he held until May 2010.

Lord Gold has a pre-eminent reputation as litigator developing an innovative model of litigation consultancy through his firm David Gold & Associates. He has also developed a leading position in business ethics advice building from his appointment by the U.S. Department of Justice as Corporate Monitor of BAE Systems plc and subsequent work for a wide range of blue chip businesses.