Ahead of Corporate Counsel Summit 2025 – to be held on Thursday, 8 May 2025, in Sydney – Rama Lingard, head of legal at Mastercard, said in-house counsel should take on the role of an organisation’s “moral compass”, operating with an ethics-first approach to safeguard the organisation from potential reputational threats.

Balancing legal and ethical decisions

In-house counsel are often seen as the “ethical barometer” of an organisation, tasked with not only ensuring legal compliance but also guiding the business through the complex terrain of ethical decision making.

Speaking to Lawyers Weekly, Lingard emphasised that the role of legal professionals goes beyond simply interpreting the law.

VIEW ALL

“Just because you can, doesn’t mean you should” is a philosophy that has shaped Lingard’s approach to business decisions throughout his career.

“I probably commenced my career with ‘anything is possible’ as my mantra to business and decision making, and while my youthful enthusiasm has tempered somewhat over the last quarter century to ‘where there is a will, there is a way,’” Lingard said.

While finding solutions within legal boundaries is critical, this should be balanced with ethical considerations to ensure long-term success.

Lingard said that “being the perceived ‘ethical barometer’ or the ‘moral compass’ of an organisation requires an in-house counsel to balance what is permitted under the law with what is the right course of action to take”.

He emphasised that speaking up is a key component of leading with ethics, even when there’s pressure to prioritise business outcomes over ethical considerations.

“At times, you need to be that dissenting voice in the room on matters that do not involve what is legal or illegal, but rather what is right or wrong,” he said.

The court of public opinion

Legal compliance alone is not enough, and companies must ensure their actions align with societal expectations and ethical standards.

With growing pressure for organisations to embrace social and ethical responsibilities over the last few years, companies must be mindful that decisions can have broader reputational consequences.

Lingard explained that “trust which has taken years to earn can be lost in the matter of seconds and that the court of public opinion can turn quickly and knows no mercy”.

“In Australia, we have seen some of the largest and/or most familiar companies experience a hard landing in the court of public opinion, finding themselves having lost the trust of the public whilst also dealing with regulatory action/litigation and/or class actions,” he said.

For in-house counsel, the challenge is to effectively balance legal obligations with the ethical considerations that protect the company’s reputation.

By integrating ethical decision making into their legal advice, Lingard said, counsel can help businesses avoid significant reputational risks and navigate the complexities of public opinion.

Taking a top-down approach to ethical decision making

In-house counsel play a critical role in identifying and advising on ethical risks. However, fostering a culture of ethics requires a top-down approach.

Senior leadership must not only champion ethical practices but live them, demonstrating through their actions that ethical considerations are integral to the business’s strategy and culture.

“If you are a general counsel/head of legal, you need to walk that walk and not just talk that talk,” he said.

“Put simply, it needs to start at the top and feed down, and be more than a phrase but a philosophy for good business.”

Lingard highlighted the importance of creating a framework for ethical decision making that is accessible to all employees, business-wide.

By embracing a proactive approach to ethics, leadership can help organisations avoid legal pitfalls and mitigate reputational risks.

This approach also helps strengthen the trust between the organisation and its stakeholders, ensuring that decisions are not just legally sound but are the right course of action.

Corporate Counsel Summit 2025

Now in its seventh year, the Corporate Counsel Summit 2025 offers Australia’s in-house counsel practical tools and strategies for career and business success.

Sessions will delve into trending topics across the marketplace and offer best practice tips, curated by leading law department heads, industry influencers, and more.

The summit will be held on Thursday, 8 May 2025, at The Star in Sydney for an unrivalled leadership forum set to propel Australia’s in-house community to endless opportunities. Click here to buy tickets.

Learn more about the speakers, view the full agenda, and make sure to secure your tickets now.

For more information about the Corporate Counsel Summit 2025, click here.