Private Interest vs. Public Accountability: Who's Your Master?

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published November 03, 2005

By Harrison Barnes, CEO and Founder - BCG Attorney Search

The bottom-line message of the Enron debacle is that no professional can serve two masters at the same time. Beyond any possible wrongdoing by Arthur Andersen, the real problem is inherent in the very concept of the CPA-the certified public accountant.

By its very nature a public accountant serves two masters. He or she is employed and paid by a private corporation whose object is anything but objectivity. Its goal is to present the rosiest possible picture. Yet the CPA-remember the P part-is supposed to serve the public interest by presenting a true picture of the private corporation's financial situation so that the public can make prudent investment decisions.

This direct conflict between private self-interest and public accountability violates a core rule of human behavior, that "he who pays the piper calls the tune." No one should ever count on the objectivity of a public accountant who is being paid by a private corporation-and who wants the pay to continue.

No reform will work unless there is a sharp division between the public and private roles of accountants. This may literally require the abolition of the profession of certified public accountant-and the recognition that private accounting firms cannot be counted on to serve the public interest. That public role might have to be taken over by truly public accountants, paid for out of public funds.

What does this all have to say about the legal profession? The current mantra of legal reformists is that private lawyers must work in the "public interest." The recent fad toward "professionalism" tells lawyers that they should not devote themselves exclusively to the interests of a client but should rather balance the private interests of the client with the public interests of society at large.

As one prominent advocate of this view has put it: "The client's trust presupposes that the practitioner's self-interest is overbalanced by devotion to serving both the client's interest and the public good." Another has advised: "Lawyers should take those actions that, considering the relevant circumstances of the particular case, seem likely to promote justice." The traditional notion that lawyers are "officers of the court" adds to the confusion.

Lawyers simply cannot serve the private interests of their clients, the public interests of society, and the interest of the court all at the same time. Any lawyer who tries to perform this juggling act will quickly become a walking conflict of interest. A private lawyer should have only one client-the one who pays him or the one the court has appointed him to represent. When the interests of his client conflict with those of the general public or that of the court-as they almost always do-the private lawyer should not have to think about whether he is performing the proper balancing act. All that lawyer should be concerned with is whether he is serving the lawful interests of his clients, without violating any specific prohibitions of law or published legal ethics.

Lord Brougham got it right nearly 200 years ago when he said: "An advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, that client and none other. To save that client by all expedient means . . . is the highest and most unquestioned of his duties; and he must not regard the alarm, the suffering, the torment, the destruction which he may bring upon any other." Now that's professionalism!

The only time a private lawyer has the right to consider the public interest is when he decides on which clients to represent (even then, the bar encourages the representation of clients who are unpopular or unable to secure adequate counsel). If you become a private lawyer, serve the interests of your clients. Don't pretend to be serving the public interest and a private interest at the same time. That's what got Arthur Andersen in trouble.

About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations—from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

Immigration law
Workers’ compensation
Insurance defense
Family law
Trusts & estates
Municipal law
And many more...

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
Elite boutique firms with specialized practices
Mid-sized firms looking to expand their practice areas
Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success – The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison’s legal career insights are the most widely followed in the profession.

His articles on BCG Search alone are read by over 150,000 attorneys per month, making his guidance the most sought-after in the legal field. Read his latest insights here.
He has conducted hundreds of hours of career development webinars, available here: Harrison Barnes Webinar Replays.
His placement success is unmatched—see examples here: Harrison Barnes' Attorney Placements.
He has created numerous comprehensive career development courses, including BigLaw Breakthrough, designed to help attorneys land positions at elite law firms.

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If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here.

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

Finds and creates job openings that aren’t publicly listed, giving attorneys access to exclusive opportunities.
Works closely with candidates to ensure their resumes and applications stand out.
Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
Senior attorneys who believed they were “too experienced” to make a move and found better roles with firms eager for their expertise.
Attorneys in small or remote markets who assumed they had no options—only to be placed at strong firms they never knew existed.
Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.

Submit Your Resume Today – Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.

? Submit Your Resume Here to get started with Harrison Barnes today.

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

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