When corruption is discovered in a corporation, a relevant question is whether criminal charges can be pressed towards any individuals, including the inhouse lawyers in the corporation. In house lawyers are subject to the same legal requirements and privileges as other lawyers after Norwegian law. This raises questions regarding the behaviour and actions made by the inhouse lawyer in company corruption cases. The focus of the article is inhouse lawyer’s risk of criminal charges for corruption after Norwegian law. The article explains the responsibilities of inhouse lawyers when persons acting on behalf of the company commit to corruption. Further, how an inhouse lawyer may be held liable for corruption because of his or her legal advice or activities as a lawyer. The article also discuss the situation where an inhouse lawyer through his or her work obtains knowledge or indications of corruptive behaviour in the corporation. In this context, the question is whether the inhouse lawyer may have a responsibility to intervene in the corruptive behaviour based on his or her role as lawyer and loyalty to the law. If the inhouse lawyer does not intervene, the article discuss be whether the inhouse lawyer may be held criminally liable because of his or her passivity.
1. Innledning
Advokater som driver advokatvirksomhet for egen arbeidsgiver eller foretak i nær tilknytning til arbeidsgiver, kalles internadvokater. 22. Domstolloven § 233 første ledd bokstav a. Som fast rettslig rådgiver deltar internadvokaten i foretakets daglige virksomhet. Et foretak ...