Litigation & ADR annual report
successfully encouraged hundreds
of companies to adopt a policy
statement saying they will consider
alternative dispute resolution
[ADR]. Hendel adds that the
simple, cost-free statement (the
so-called `CPR Pledge´) has proven
very effective in overcoming the
“typical reluctance of an executive
or in-house counsel to suggest an
attempt at mediation, for fear that
the suggestion might be considered
an acknowledgement of weakness”.
Lawyers say that the move to
more inexpensive methods of
resolving disputes is not bad news
for law firms in terms of potentially
declining revenues. As one partner
says: “What´s good for my client
is good for me,” while another
remarks that “if you solve cases
quickly, you solve more cases”.
Lawyers remark that, in the UK,
there are extremely specialised,
industry-focused litigators but,
in contrast, according to Málaga,
“in Spain, litigators are considered
specialists in all fields”. González
adds that pharmaceutical litigation
is very specialised and that litigators
in this field need “certain skills not
everyone can have”. According to
Ester, clients need their lawyers
to understand their business and
how it works. She adds: “Clients
appreciate that their lawyers have
expertise in that area of business
and experience in handling similar
cases.”
Hendel agrees that international
clients will increasingly look for
specialist litigators, but adds that
clients expect less specialisation
from lawyers in Spain where clients
tend to “greatly appreciate general
expertise”.
No major litigation in 2015
López de Argumedo says he expects
revenue from litigation to plateau
in 2015 as “big litigation will not
be a feature of the coming year”.
Spain: What are the major challenges law firms face in
relation to litigation and ADR?
“Continuing to provide excellent services while fees are decreasing
due to strong competition, and some law firms dropping prices to
gain work.” Íñigo Villoria, partner, Clifford Chance
“In some cases, the international client may have no legal structure
in Spain and may need to be managed very carefully. We have seen
a necessity to do more work in terms of explaining the mechanisms
of the legal system in Spain, as well as the legal work itself.”
Mercedes Fernández, partner, Jones Day
“Reconciling the intensive work required in meeting clients’
expectations with cost optimisation.” Eduardo Soler-Tappa, partner,
Herbert Smith Freehills
“The main challenge would be to take advantage of the big
opportunities that this complex area is offering – this can only be done
by the creation and consolidation of consistent and highly experienced
teams.” Alfredo Guerrero, partner, King & Wood Mallesons
“In the arbitration and mediation sector, the issue is always to make
clients aware of the advantages of arbitration for certain cases – it is
our impression that Spanish clients are not very familiar with these
formulas and it is not easy to persuade them to include arbitration or
a mediation clause in a contract.” Alejandro Touriño, partner, Ecija
“The biggest challenge is to persuade customers the advantages of
ADR and achieve a professional reputation as arbitrators.” Patricia
Gualde, partner, Broseta
“Coping with the flow of new legislation and continued reforms, as
well as delays caused by the workload of many courts and tribunals
which frustrates all professionals in litigation.” John Gustafson,
managing partner, Rivero & Gustafson Abogados
www.iberianlawyer.com
Ester adds that pure commercial
litigation is not yet increasing: “You
need deals to have an issue and
there haven´t been many deals in
the past, though this year there has
been an inflection and the situation
has changed.” Meanwhile, López
de Argumedo says that while
dispute resolution teams currently
have a “great burden” of financialrelated litigation, this load will not
increase as the volume of this type
of litigation has now peaked.
Iglesia says that in the area of
litigation and arbitration, there is
an opportunity to grow abroad.
López de Argumedo says that his
firm, Uría Menéndez, is expanding
abroad as demonstrated by its
recent formal link-up with law
firms Philippi and Prietocarrizosa,
located in Chile and Colombia
respectively, to create Phillippi,
Prieto, Carrizosa & Uría.
González says there has been a
growth in “commercial strategy-
“It´s important to analyse, together with the client, the strategy
to be followed and the steps to be taken – sometimes you should
avoid court proceedings trying to close an agreement, other times
you should recommend initiating court actions.” Pablo Albert
Albert, legal director, BDO Abogados
“Restrictions on budgets for any single proceeding, which are
also largely linked to success fees.” Joan Vidal de Llobatera,
partner, Jausas
“Uncertainty regarding judicial resolutions – we have to take into
account that those depend on First Instance Courts, which are
pretty numerous – as First Instance Courts are rarely coordinated,
their resolutions are highly unpredictable.” Santiago Gastón de
Iriarte, president, AC&G Asesores Legales
“Clients have become more assertive in their fee discussions –
furthermore, firms must now align their economic interests with
their clients, and alternative fee arrangements seem to be the
preferred strategy.” Fernando Marín Riaño, partner, Mavens
“Overcoming the client´s reluctance to litigate due to increasing
costs, which has given rise to a fee that needs to be paid in order to
be able to exercise their fundamental right to things such as judicial
protection.” Ignacio Benejam, partner, Rousaud Costas Duran
“Being really able to meet clients´ demands for sophistication,
dedication, strategy, creativity, thorough legal counsels, and senior
lawyers who roll up their sleeves.” Jesús Almoguera, partner, J
Almoguera y Asociados
“For big international firms, how to manage together the function
of arbitrator and of counsel (conflict of interests) and, for national
firms, how to be visible in an arbitration world where some
leading firms are perceived as the most trustful because of their
arbitral knowledge.” Jean-Marie Vulliemin, partner