全球最大法律事務所 - 國際通商法律事務所 (Baker & McKenzie) - 之「企業社會責任」行動

Abstract

Why is CSR so trendy, inevitable to and a growing part of international businesses and international law firms, particularly under the current stagnating economic climate? Why not just allow businesses to lawfully strive for profits, and let the states, charities and individual ethics to fill in the vacuum? Is CSR a mere window-dressing concept for marketing? The matter is compounded by the fact that there is no conclusive empirical evidence proving a business case for CSR. As the most global law firm in the world, Baker & McKenzie has to address the above issues, to proclaim its CSR program, and to evaluate the strengths and weaknesses of its CSR program. Moreover, since Baker & McKenzie appears to have won more CSR-related Awards/Recognitions than any other law firms in the world, what is Baker & McKenzie doing to win such accolades? For reasons explained in this thesis, this writer concludes among other things that: 1. There is a clear moral or quasi-moral and quasi-business case for CSR. Generally CSR is also good for a business or a law firm. Baker & McKenzie should need to balance the profit-driven image with a CSR image. More CSR would also boost the morale of its lawyers. 2. Just because there is no conclusive empirical evidence proving a business case for CSR, the business case can nonetheless be established if one could show a reasonable theoretical ground or empirical probability that there is a business case for CSR. 3. CSR has its its associated costs. CSR necessarily involves some collective coercion that impairs individual liberties. 4. In ordinary cases it should be good for law firms to comply with the special professional ethical rules in lieu of the general CSR rules to the extent of any contradiction. 5. In respect of the three pillars of the CSR Program of Baker & McKenzie, namely (i) Pro Bono & Community Service, (ii) Global Diversity & Inclusion and (iii) Sustainability, as the most global law firm in the world relying on very diverse human resources and clienteles, it makes more sense for Baker & McKenzie to concentrate on Pro Bono works and Diversity and Inclusion. A law firm like Baker & McKenzie is quite indirectly correlated to pollutions and in any case has little flexibility to discriminate against polluting clients or suppliers. Further, a law firm like Baker & McKenzie has no more comparative advantage to provide Community Service than any other corporations. 6. Both the shaping of CSR-conscious characters among our lawyers and our pro bono works should be the two main focuses of our CSR Program. Correspondingly, most of the CSR Committee members of Baker & McKenzie are and should be lawyers. 7. With the orderly implementation of the CSR Program, CSR has been brought to the forefront of the firm activities of Baker & McKenzie. But there is more Baker & McKenzie and everyone therein can do. The main contributions of this thesis are: 1. This thesis gives business students and the society an understanding of the theoretical framework and inherent limits in justifying CSR programs in businesses generally, and allows the readers to see the trend in CSR from a broader and historical perspective. 2. This thesis gives international law firms a proven guiding light, from the most global law firm with the most CSR-related Awards/Recognitions, on what CSR values and programs they could or should advisably consider adopting for the maximum net overall benefits of all relevant stakeholders including its members. 3. This thesis also illustrates various innovative initiatives that could help to jump-start and sustain CSR programs in international law firms and allow the local branch/subsidiary to feedback its local CSR initiatives to its global headquarter. 4. This thesis allows businesses and the society a glimpse of the special constraints law firms and lawyers face in CSR, and how they can overcome or neutralize the constraints.