Business And Corporate Law

Financial times - come economic difficult, but this is not news to many colleagues. The lawyer in the company should take a leading role assuming greater risks and exposure. Administrative decisions (e.g. banking), commercial (e.g. contracts, warranties, negotiation) and strictly legal (judicial, layoffs and several) will begin to be increasingly followed and it will expose even more legal sector Manager.



It is not a pessimistic scenario, but realistic and the lawyer must be prepared to looking forward to the best forecasts and, but decisions that less impact to the company.

Here are some "tips" that I understand will have to take into account:

(1) DECISION - would outsourcing the problem?: will have to take the problems and their solutions understanding the problems we have them, not waiting for "outsource" the problem. Here is the great rant think if the problem does the law firm where the dispute is outsourced or if the problem does the lawyer of the company. As for who signs the problem is clear: problem has him "lawyer of the company" which - naturally - advises on specific issues in certain legal studies, is "check", "working as a team with external law firm", "analyzes the problem on computer with the external study", but the problem cannot be outsourced. It is clear that the problem has it and will have the lawyer of the company until it is resolved and it should be. Decision to solve the problem or keep it until it is resolved will be crucial for the company. Thus, the problem is not only outsourced can the lawyer search and rely on specialized studies to be able to then - team - make the best decision for the benefit of the company.

(2) DECISION - work in team and arguments solid: We must not forget that we live and work in the Republic of Argentina, where chance plays a fundamental role and a trial that can be considered lost by such or which errors or factual situation can win and vice versa... we know that our courts do not always have time and staff to devote to our conflicts of the company. But again, the important DECISION will be "takes of" which must - even more - face the lawyer of the company during these tumultuous times. It should not be feared to take a wrong decision but have taken with the legal foundations of the case and having it shared with the team and above - if any - that discussed the decision to take. It is clear that the work of the lawyer and its foundations worked as a team and consensual decision will always be a "valid argument" and "sustained" If the result is not as expected, but a decision in the desert without any clear basis for then a negative result will generate the Foundation raised a posteriori only resembles a "mere justification". Thus, analyzed, studied and shared before the solution involves commitment and responsibility on the part of the lawyer of the company. We can not forget the obligation of means of any lawyer. Fundamental it is that this should be understood by all the top not lawyers, where reasoning is different, often too practical, mathematician and statesman when the exercise of the profession - in many cases unfortunately - is not nor will it be mathematical or statistical, even less in our judicial square where the legal criteria thereon made on many occasions are not even similar.

(3) DECISION - understanding of the ERROR as MOTOR generator: currently we are in the daily dilemma that any error is exposed to all and to all; It is clear and logical that no lawyer wants to be exposed in the company which represents but we must understand the error - accepted or not – it is part of life and hence part of our decisions... the error is generator engine so that we overcome as people, as professionals and as a (legal) team in a whole. Therefore the duty to understand the dreaded 'error' as part of a work, analysis and engagement with the company will allow future that the company can grow lawyers able to take decisions and risks so that the company will achieve benefits unknown to the present day; because now - taboo subject and although not expressed - "fear" not to take a decision is subverting many colleagues to be able to generate higher profits for the company or achieve lower legal costs. It is because any legal activity in the supplier requires Pro-activity, where the fear of failure - much more in these tumultuous times - is the greatest enemy.

I understand that in this way and with partners, directors or non-Attorney heads who understand the legal-judicial square will achieve more active lawyers and determinants in acting diar

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