Litigation & ADR annual report
of negotiations rather than just
proceedings.”
Aggressive pricing
Sierra says clients are becoming
more pushy in terms of fees – in
the last two years, he says there
is a “clear tendency to ask for
lower fees and lower rates”.
Sierra adds: “Usually clients who
provide a greater volume of work
get a higher discount. However,
we see in the market that some
clients assume unnecessary risk by
choosing their arbitration counsel
for a specific case largely based
on offers that are exceptionally
aggressive on pricing.”
Baker & McKenzie partner
José María Alonso says clients are
more price-sensitive, demanding
“higher value and more predictable
pricing structures”. He adds:
“Consequently, client requirements
demand pricing to be based not so
much on hourly rates as on fixed or
capped fees – additionally, clients
now demand a closer relationship
between the outcome of the case
and the fees, with an increased use
of success fees.”
Ramón Fernández-Aceytuno,
partner at Ramón y Cajal, says
a major challenge facing law
firms is “making their attorneys
understand which factors make
ADR appropriate and encouraging
them to educate their clients and
also assist them in choosing the
most appropriate process”.
Pedro Rodríguez Rodero,
managing partner at Ontier, argues
clients will need to change their
culture to adopt ADR: “Litigation is
the way to solve conflicts in Spain.”
Meanwhile, Cristina Coto, partner
at CMS Albiñana & Suárez de Lezo,
says when clients have to make a
decision about
investments,
one of the first
aspects they
examine is the
“state of justice”.
She adds: “They
want to solve
any litigation
they might
get involved
in as fast and as
secure a way as
possible, with
www.iberianlawyer.com
the clearest legislation – thus,
they are demanding justice as a
competitive factor.
Encourage mediation
says the best method to resolve
conflict is negotiation between
the parties. He adds: “In our law
firm we think that, if is possible,
a negotiated solution is always
the best thing for the customer.
However, when such a solution is
not feasible, arbitration is the best
system of dispute resolution.”
Olleros Abogados partner Iñigo
Rodríguez-Sastre says, with regard
to new opportunities, the firm is
focusing its efforts on corporate
compliance-related matters.
He adds: “In addition, we have
Portugal: BES litigation
invested substantial resources in
Frederico Gonçalves Pereira,
intellectual property, litigation
partner at Vieira de Almeida &
and media disputes as we think
Associados says the crisis involving
audiovisual cases will increase
Banco Espírito Santo (BES) and
in the near future.” Meanwhile,
Grupo Espírito Santo (GES) has
Santiago Martínez Lage, managing
given rise to a considerable amount
partner of Martínez Lage,
of litigation. He adds: “In fact, the
Allendesalazar & Brokelmann, says:
crisis brought very different and
“I honestly believe that mediation
technically complex disputes to the
is something we should encourage
Portuguese market.” PLMJ partner
between everyone, clients and
José Miguel Júdice says, in addition
lawyers, for the benefit of everyone,
to BES-related litigation, there have
including clients and lawyers.”
also been a lot of insolvency and
Pablo Calvo-Sotelo Ibáñez-Martin,
restructuring-related disputes.
partner at Roca Junyent, argues
Meanwhile, he adds that alternative
that increasing the use of mediation
dispute resolution work will
will involve
spreading
I honestly believe that mediation
awareness, not
is something we should encourage
only among
clients, but also
between everyone, clients and
among members lawyers, for the benefit of everyone,
of the legal
including clients and lawyers.
profession, that
Santiago Martínez Lage, Martínez
mediation is
“an increasingly
Lage, Allendesalazar & Brokelmann
credible
alternative to
going to court”. With regard to
generate an increase in revenue
arbitration, Luis García del Río,
in the coming year, particularly
partner at García Del Río, Larrañaga
international arbitration and
& Jimenez Bonilla Abogados, says
possibly also mediation.
clients are demanding a speedy
Francisco Cortez, partner at
procedure for “seeking provisional
Morais Leitão, Galvão Teles, Soares
measures, based on an emergency
da Silva & Associados, says that one
arbitrator”.
of the major recent trends has been
Gallego, Martos y Quadraa move “away from the billable
Salcedo Abogados partner Andrés
hour”, with lawyers assuming more
de la Quadra-Salcedo says the
risk, especially in the case of large
“reactivation of international
firms representing larger corporate
commerce is increasing litigation
clients. He adds that clients want
with an international nature and
more predictability in legal spend,
this will force medium and small
and alternatives to the billable hour,
law firms to look for best friends
namely success fees and fixed fees.
in other jurisdictions”. He adds
Abreu Advogados partner José
that, in the meantime, the expected
Maria Corrêa de Sampaio says there
increase in foreign investment will
has been an increase in the use of
offer local firms more opportunities
ADR, particularly arbitration. “The
to “support foreign law firms and
use of ADR aims to reduce the
foreign clients in Spain”. Julio
number of litigation proceedings
Romero, director at Benow Partners,
pending in state courts, while
“
”
January / February 2015 • IBERIAN LAWYER • 41
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