Turf wars or a misunderstanding of roles: an examination of the relationship between marketers and lawyers within the corporation

摘要

Purpose – The purpose of this paper is to examine the relationship between the marketing and legal departments within the corporation and how this relationship allows corporate attorneys to protect the firm against third-party lawsuits. Design/methodology/approach – A literature review is followed by a discussion of the relevant sections of the American Bar Association's Model Rules of Professional Conduct which govern the professional conduct of all attorneys in the USA relative to how they treat the client, third parties, and relate to the court. Then, the concept of the client/customer from the viewpoint of marketers and “legal people” (corporate counsels) is examined. Findings – After a thorough examination of the roles of corporate attorneys and the marketing department within the firm, the study concludes that the occasional turf wars between the two departments stem from the differences in the cultures and norms of the two departments. Research limitations/implications – To the extent that the study focused on the laws protecting consumers in the USA, and the Model Rules of Professional Responsibility as they relate to attorneys in the USA, its findings may be true only in the USA. However, the insights generated may have universal application. Practical implications – Because the Model Rules of Professional Conduct dictate how lawyers in the USA conduct themselves vis-à-vis their clients, efforts on the part of corporate counsels to educate marketers on how these rules affect their conduct could elicit the support and cooperation of marketers within the firm. In addition, organizations must reorganize so that corporate counsels not only maintain an active presence in the marketing department, but also work together with marketers to craft language in warranties, ads, and other communications with third parties in order to fulfill the applicable legal requirements, and yet not perceived by consumers as too “legalease”. Originality/value – The study sheds light on the causes of turf wars between the two important departments (legal and marketing folk) within the firm, and suggests ways to remedy the situation.